Harjeet Singh v. State Of Punjab And ANR
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&(&28 94.:; (which is pari materia with Section 311 of Cr.P.C.) for summoning and examining the witnesses whose names were mentioned at Sr. No. 5, 6, 13, 16, 17, 18 and 20
in the list of witnesses annexed with the challan report. The said application had been partly allowed and only one opportunity was given to the prosecution to examine the witnesses mentioned at Sr. No. 17, 18 and 20 in the list of witnesses. Copies of the orders passed by the learned trial Court have been placed on record which show that effective opportunities had been availed by the prosecution for concluding its evidence and it was only after granting several opportunities including last opportunities that the learned trial Magistrate was constrained to close the evidence of the prosecution by order of the Court. Learned counsel for the petitioner has not been able to point any infirmity or illegality in the order dated 26.09.2024, therefore, in my considered opinion prayer made by the petitioner to that extent does not deserve to be allowed.
3.
So far as the order dated 27.11.2024 is concerned, by that order, learned trial Court had allowed the prayer of the petitioner to examine three witnesses mentioned at Sr. No. 17, 18 and 20 by granting one opportunity. At this stage, learned counsel for the petitioner has submitted that he would be satisfied, if some more opportunities be granted to conclude the examination of these three witnesses, if it is not concluded on one date of hearing because they may or may not appear on that date. As this request appears to be genuine, therefore, the petition is disposed of by giving a direction to the learned trial Court to ensure that the witnesses mentioned at Sr. No. 17, 18 and 20 whose examination was allowed by it are examined and for that purpose at least two more opportunities can be availed by the prosecution.
4.
A copy of this order be sent to the concerned Court. 5.
Disposed of accordingly.
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