Allowed¶24

Jagmohan Singh Alias Manga and Anr. v. Cbi, Special Crime Branch, Chd

Punjab & Haryana HC29 Jan 2026CRM-M/23574/2024

Case brief

AI extract

What is this about?

CRM-M-23574-2024 (O&M); Jagmohan Singh @ Manga & Anr. v. Central Bureau of Investigation; High Court of Punjab & Haryana at Chandigarh; Section 482 Cr.P.C.; quashing petition; recall of witness PW9 Dr. Lyla Jose; further cross-examination limited to re-examination; Ex.PW9/1 statement or letter; Sacred Heart Hospital Maqsudan Jalandhar; Special Court CBI Punjab; order dated 06.04.2024; right of cross-examination of accused; defect may vitiate trial; decided 29.01.2026; Anoop Chitkara J.; Sukhvinder Kaur J.; not reportable.

What did the court decide?

PW9 recalled for further cross-examination, confined to the statement recorded during re-examination; pending application(s), if any, stand closed. ¶24

Jagmohan Singh Alias Manga and Anr. Vs Cbi, Special Crime Branch, Chd — Punjab & Haryana HC (2026) — LawSathi Research

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CRM-M-23574-2024

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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229

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CRM-M-23574-2024 (O&M) Date of Decision: 29.01.2026

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Jagmohan Singh @ Manga & Anr.

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......Petitioners

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Verus

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Central Bureau of Investigation ......Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR

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Present: Mr. Mandeep Singh Sachdev, Sr. Advocate (through VC) with Mr. Om Malhan, Advocate for the petitioners.

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Mr. Ravi Kamal Gupta, Advocate for the respondent.

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ANOOP CHITKARA J.

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Present petition has been filed under Section 482 Cr.P.C. for quashing of order/observation dated 06.04.2024 (Annexure P-1) recorded in the statement of PW9, passed by learned Special Court, CBI, Punjab, whereby plea raised by petitioners for further cross-examination of witness PW9 Dr. Lyla Jose has been declined.

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2 Limited points for which the petitioners/accused came up before this Court is the denial of right to cross-examine of PW9.

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3 On 06.04.2024, statement of PW9-Dr. Lyla Jose, Medical Superintendent, Sacred Heart Hospital, Maqsudan, Jalandhar, was being recorded and then after the cross-examination, the Court permitted re-examination and the following suggestions were put ‘I have been shown mark PW9/A which is my statement. Ex.PW9/1 is a letter and not a statemen t’. On this, the defence counsel wanted to further cross-examine PW9, as there was ambiguity in cross-examination and reexamination. Further witness in her examination-in-chief said anything qua recording of her statement, request made by petitioner turned down by making

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JYOTI 2026.02.02 10:17 I attest to the accuracy and integrity of this document

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CRM-M-23574-2024

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observation in the order.

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4 We failed to understand that why such a small request was denied because he wanted to examine on the facts and more particularly whether PW9/1 is a statement or a letter had to be clarified from the witness.

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5 Counsel for the petitioners submits that he would confine his crossexamination only to the statement recorded during re-examination.

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6 We are of the opinion that no prejudice would be caused to the CBI if this vital right of the accused is restored back to them. It is further clarified that if this defect is not corrected at this stage, it may vitiate the trial itself. Given above, the present petition is allowed and PW9 be recalled for further cross-examination and petitioner shall be permitted to cross-examine PW9 only to the statement recorded during re-examination. All pending application(s), if any, stand closed.

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(ANOOP CHITKARA) JUDGE

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(SUKHVINDER KAUR) JUDGE 29.01.2026 jyoti3 Whether speaking/reasoned: Yes Whether reportable: No .

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JYOTI 2026.02.02 10:17 I attest to the accuracy and integrity of this document

Jagmohan Singh Alias Manga and Anr. v. Cbi, Special Crime Branch, Chd

Case brief

What is this about?

What did the court decide?

Jagmohan Singh Alias Manga and Anr. v. Cbi, Special Crime Branch, Chd

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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