Raj Kaur v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. M. No. 56010 of 2024 (O&M) Date of Decision: 11.11.2024 Raj Kaur and others .....Petitioners versus State of Punjab .....Respondent
Present :
Mr. Balbir Singh Jaswal, Advocate, for the petitioner. Mr. Gagneshwar Walia, Addl. Advocate General, Punjab.
The present petition invoking inherent powers of the Court assails an order dated 31.08.2024 passed by the trial Court in case State vs. Raj Kaur and others in FIR No. 132 dated 09.09.2015 under Sections 326/324/323/506/34 of the Indian Penal Code registered at Police Station Beas, whereby an application for recall of a prosecution witness already examined earlier was dismissed as withdrawn on the basis of a prayer made by the accused.
2.
A bare perusal of the impugned order dated 31.08.2024 (Annexure P-9) passed by the trial Court reveals that application under Section 311 of the Code of Criminal Procedure instead of being pressed on-merits was dismissed as withdrawn on the request of petitioner's counsel. 3.
This Court declines to interfere in the matter since the trial Court has not dealt with the issue on-merits and therefore, this Court extends liberty to the petitioner that if another application under Section 311 of the Code of RAVINDER KUMAR 2024.11.11 18:31 I attest to the accuracy and integrity of this document
Criminal Misc. M. No. 56010 of 2024 (O&M) [2] Criminal Procedure (Section 348 of BNSS) is moved within a period of three weeks from today, the same shall be decided as expeditiously as possible in accordance with law.
4.
This Court hasten to add that it has not considered the matter on-merits and trial Court is free to decide the application if moved again either way. With these observations, the petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE 11.11.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No RAVINDER KUMAR 2024.11.11 18:31 I attest to the accuracy and integrity of this document