Piyush Arora vs State Of Punjab And Another

Punjab-Haryana High Court

Piyush Arora vs State Of Punjab And Another on 8 April, 2024

Author: Pankaj Jain

Bench: Pankaj Jain

CRR-280-2024 (O&M) 2024:PHHC:047921

252

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
CRR-280-2024 (O&M)
Date of decision: 08.04.2024
Piyush Arora ....Petitioner
Versus

State of Punjab & ors. ....Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN KEKEKRK Present:- Mr. Monty Goyal, Advocate for the petitioner.

Mr. J.S.Arora, DAG, Punjab Keke ke PANKAJ JAIN, J.CQRAL) CRM-12657-2024 For the reasons recorded in the application, the same is allowed.

Document Annexure P-2 is taken on record.

CRR No.280 of 2024 1 Present revision petition is directed against the order dated 02.01.2024 passed by Judge Special Court, Jalandhar dismissing the application filed by the accused-petitioner under Section 311 Cr.P.C. for recalling PW-2 and PW-7.

2 The petitioner is facing trial in FIR No.289 dated 14.10.2020 registered for offence punishable under Section 22 of NDPS Act at Police Station Division No.8, Police Commissionerate Jalandhar, Punjab.

CRR-280-2024 (O&M) 2024:PHHC:047921 3 Both respondents No.2 & 3 appeared during the course of trial as official witnesses and were cross examined. However an application was moved under Section 311 Cr.P.C. claiming that some relevant questions were required to be put to the witnesses and the same are necessary for proper adjudication of the matter in hand. The application was dismissed by the trial Court holding that the witnesses already stand examined at length. They have been cross examined by the defense on all material points and the present application has been filed to fill up the lacuna. Trial Court further observed that the matter was repeatedly been adjourned for defense evidence and no witness was examined by the accused despite availing numerous opportunities and thus the application was nothing but a ploy to delay the trial.

4 Having heard rival contentions of the counsel representing the parties and after going through records of the case, this Court finds that for a fair trial an opportunity to lead defense is of prime importance. Undoubtedly, the witnesses being summoned through the present application have already appeared and the petitioner was granted opportunity to cross- examine them and they were indeed cross-examined. Since both the witnesses are official witnesses, no prejudice will be caused to the prosecution in case they are allowed to be recalled and are cross-examined by the defense.

5 In view of above, present revision petition is allowed and the impugned order is set aside. PW-2 and PW-7 are allowed to be re-examined.

order/judgment.

CRR-280-2024 (O&M) 2024:PHHC:047921 6 Pending miscellaneous application, if any, also stands disposed off.

(PANKAJ JAIN ) JUDGE 08.04.2024 Pooja Sharma-I Whether speaking/reasoned: Yes/No Whether reportable: Yes/No POOJA SHARMA 2024.04.10 19:34 Page 3 of 3 I attest to the accuracy and authenticity of this order/judgment.