Jagtar Singh And ORS. v. State Of Punjab And Another
CRR-1996-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRR-1996-2022 (O&M) Date of order: 23.09.2022 Jagtar Singh & others
...Petitioner (s)
Versus
State of Punjab & another
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Manuj Nagrath, Advocate for the petitioner(s).
Mr. H.S. Sitta, DAG, Punjab.
**** ANOOP CHITKARA, J.
Aggrieved by impugned order dated 23.8.2022 passed by the trial Court, whereby the evidence of PW-1 Daljit Kaur is closed by order and her cross-examination has been treated as 'Nil', the petitioners-accused have come up before this Court by filing the present revision petition. Given the nature the order this Court proposes to pass, no response is required from the State or other persons. A perusal of the impugned order reveals that the trial Court despite waiting for the counsel for the accused for the entire day, he kept on avoiding on one pretext or the other and did not cross-examine the witness PW1, who is a specially-abled and the request made by him was also not accepted by the trial Court.
Be that as it may, in the larger interest of justice, equity and fair play, the present petition is allowed and the impugned order dated 23.8.2022 is set aside subject to payment of costs of Rs.7,500/- to PW-1 Daljit Kaur on the next date of hearing before the trial Court.
ASHWANI KUMAR 2022.09.26 14:32 I attest to the accuracy and integrity of this order/judgment
CRR-1996-2022 The trial Court to take necessary steps for re-summoning of PW1Daljit Kaur and on her appearance, shall prescribe the mode and manner of payment of costs to PW-1 Daljit Kaur.
It is further clarified that the counsel for the accused shall conclude cross-examination of PW-1 Daljit Kaur in one day and shall not seek further adjournment.
Petition allowed in aforesaid terms. All pending applications, if any, shall stand disposed of.
(ANOOP CHITKARA) JUDGE September 23, 2022 AK Whether speaking/reasoned:
Yes Whether reportable:
No.
ASHWANI KUMAR 2022.09.26 14:32 I attest to the accuracy and integrity of this order/judgment