Mangat Rai v. State Of Punjab
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'% Mr. Kewal Singh, Addl. A.G. Punjab.
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"% % Notice of motion.
4.
On asking of this Court, Mr. Kewal Singh, Addl. A.G. Punjab accepts notice on behalf of State. He pointed out that statements of witnesses ASI Surinder Pal Singh PW-2 and Retired Inspector Amrik Singh PW-3 were recorded on 18.01.2024. However, application under Section 311 Cr.P.C. was filed after a period of about one month. Due opportunity was given to accused for cross-examination of these witnesses. Ultimately, cross-examination was treated as 'Nil' and the case was adjourned. Impugned order dated 11.06.2024 passed by trial Court is fully justified and it does not require any interference.
5.
I have considered the arguments and have perused impugned order dated 11.06.2024 (P-8). As per record, statements of ASI Surinder Pal Singh PW-2 and Retired Inspector- Amrik Singh PW-3 were recorded on 18.01.2024. Copy of zimni order Annexure P-3 indicates that counsel for accused was not present in the Court and only presence of accused is marked in person. Learned Presiding Officer did not mention time when the cross-examination of aforesaid witnesses was treated as 'Nil'. The
Magistrate could have waited for a reasonable time for the counsel for accused to conduct cross-examination of these witnesses. In para No.6 of the impugned order it is mentioned that counsel for accused had reached Court late. Cross-examination of a witness is material right to the accused to present his defence and the same cannot be curtailed. Trial Court was to give any adequate opportunity for cross-examination. Cross-examination of PW2 ASI Surinder Pal Singh and Retired Inspector Amrik Singh PW3 was closed by treating it as 'Nil' in hasty manner and the same was not reconsidered when application was filed under Section 311 Cr.P.C. Therefore, impugned order dated 11.06.2024 passed by learned Judicial Magistrate 1st Class, Jalandhar is not on sound footing and the same is accordingly set aside. Petitioner/accused is given one effective opportunity to cross-examine aforesaid witnesses ASI Surinder Pal Singh and Retired Inspector Amrik Singh PW-3 on their appearance on the date fixed by the trial Court.
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