The High Court dismissed a petition under Section 482 Cr.P.C. seeking recall of witnesses for re-examination. Finding no ground to interfere, the court upheld the impugned orders dismissing the application under Section 311 Cr.P.C. and the subsequent revision.
The petition under Section 482 Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No. M-13974 of 2014 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-13974 of 2014 (O&M) Date of decision : 25.4.2014
Davinder Kumar ................Petitioner vs. State of Punjab .................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh.Upender Prasher, Advocate for the petitioner
K.C. Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing of impugned order dated 23.7.2012 passed by Ms. Ranjeet Kaur, JMIC, Amritsar, vide which the application under Section 311 Cr.P.C. moved by the petitioner was dismissed and order dated 1.7.2013 passed by Sh. Kishore Kumar, Additional Sessions Judge, Amritsar, where by the revision against the abovesaid order dated 23.7.2012 was also dismissed.
Prayer before the trial Court is for recalling the witnesses PW-3 Hardev Singh, PW-4 Balkar Singh, PW-5 Gurmail Singh and PW-6 Ram Parkash for the purpose of re-examination. Reason for
Chugh Banita 2014.04.26 13:34 I attest to the accuracy and integrity of this document chandigarh
Crl.M.No. M-13974 of 2014 -2-
recalling is that they have written a letter. Both the Courts below had reached to a definite conclusion that no ground for allowing the application is made out.
On the facts of the present case also, no ground for interference under Section 482 Cr.P. C. is made out.
Consequently, the petition stands dismissed.
25.4.2014
( K.C. Puri ) Judge
chugh
Chugh Banita 2014.04.26 13:34 I attest to the accuracy and integrity of this document chandigarh
2 issues framed by the court
Whether special leave under Section 482 Cr.P.C. to recall witnesses for re-examination is maintained on the facts.
If no ground is made out for interference, whether the petition stands dismissed.
2 provisions across 1 enactments
Davinder Kumar
State of Punjab
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
