← Library
High Court of Punjab and HaryanaCRR/2078/2019dismissed

Raj Singh @ Raj Kumar v. State Of Haryana And Another

2019-08-27Mr. Justice Surinder Gupta2 pages

CRR-2078-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Revision No.2078 of 2019 (O&M) Date of Decision: August 27, 2019 Raj Singh @ Raj Kumar ......PETITIONER(s).

VERSUS

State of Haryana and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sunil Saharan, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

The petitioner moved an application (Annexure P-2) for permission to re-appear as PW7 and to resile from his statement with the plea that his earlier statement was not voluntary and made under pressure of complainant and police. The same was declined by the trial Court with the observations that petitioner had appeared as PW7 and his statement was recorded on 07.12.2018 i.e. about six months back and he was crossexamined at length. Now, he cannot be permitted to change his stand time and again.

Learned counsel for the petitioner submits that in fact, petitioner is not an eyewitness but has to depose as eyewitness due to pressure of the complainant and police on the pretext that he will be implicated as accused in the present case.

Submissions of learned counsel for the petitioner have no SACHIN MEHTA 2019.08.30 15:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRR-2078-2019 -2merits. There is no basis for his alleging that complainant and police have threatened to implicate him in this case as accused. The statement of petitioner was completed by the trial Court and at this stage, he, for reason, best known to him intends to resile from his statement. The application filed by the petitioner has rightly been rejected by the trial Court. I find no legal or factual infirmity in the impugned order passed by the trial Court, calling for any interference in this revision.

This petition has no merits. Dismissed.

( SURINDER GUPTA ) August 27, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.08.30 15:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh