Punjab-Haryana High Court
Rinku vs State Of Punjab on 25 April, 2023
2023:PHHC:061448
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
116 CRM-M-20385-2023
Date of decision: 25.04.2023
RINKU
...Petitioner(s)
VERSUS
STATE OF PUNJAB
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH
Present: Ms. N.K. Vadehra, Advocate
for the petitioner.
*****
GURBIR SINGH, J. (ORAL)
The prayer in this present petition under Section 482 of Cr.P.C. is for
setting aside order dated 28.02.2023 (Annexure P-2) vide which application under
Section 311 of the Cr.P.C. has been partly allowed in case FIR No. 182 dated
30.10.2018 under Section 21 of NDPS Act, Police Station Dinanagar.
Learned counsel for the petitioner submits that on inspection of the record,
it was found that PW-1 ASI Varinder Pal Singh and PW-4 Retired Inspector Kedar
Singh were already examined. Cross-examination of PW-1 was not properly
conducted and cross-examination of PW-4 was treated as Nil. The cross-examination
of said witnesses was necessary, so petitioner moved an application (Annexure P-1)
for recalling the said witnesses.
The said application was partly allowed. Only PW-4 was allowed to be
cross-examined. The further cross-examination of PW1 is necessary for the complete
defence of accused.
Heard.
The order dated 28.02.2023 read as under:-
"Accused Rinku not appeared however an
KUSUM
2023.04.29 15:02
I attest to the accuracy and
authenticity of this order/judgment application seeking exemption from his personal appearance
Punjab & Haryana High Court, CHD
2023:PHHC:061448
has been moved by his counsel. In view of the reasons
mentioned in the application, the personal appearance of above
accused is exempted for today only. Heard on the application
so moved by the accused under Section 311 CrPC for recalling
PW-1 ASI Varinder Pal and PW-4 retired Inspector Kedar
Singh for their cross-examination. Application has been moved
on the ground that he said witness had been examined and
cross- examination of PW-4 has been treated as nil. Accused
wants to cross-examine those two witnesses which are material
witnesses and some necessary facts can come to the light after
effective cross-examination. Application has been replied and
opposed. Perusal of the file shows that PW ASI Varinder Singh
has been examined on 17.01.2020 and at that time was cross-
examined as well. PW-4 Inspector Kedar Singh was examined
on 16.09.2022, however, his cross- examination was treated as
nil after opportunity having been given for the same. Now as
far as statement of PW-1 is concerned the application is silent
as to what has been the material things those have been left to
be put up the witness and on what point. Simply contending that
effective cross-examination could not be conducted is no
ground to recall the said witness for the purpose of his cross-
examination. However, as far as the statement of PW-4 Kedar
Singh is concerned his testimony would be material as he had
been a person at that time as SHO before him the accused was
produced with the case property and who undertook further
proceedings in this respect as well. He was not cross-examined
at the relevant time. It is contended that the counsel on that day
was not available. Given the material nature of the said witness
having been left to be cross-examined, this Court is of the
view that for the effective adjudication of the case one
opportunity should be granted to accused to cross-examine the
said witness in the interest of justice. As per the provisions of
Section 311 Cr.P.C. the Court can recall witness for the
purpose of his re-examination if the same is found just and
essential for the effective adjudication. So for that matter the
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2023.04.29 15:02
application is allowed partly for recalling the witness Inspector
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
2023:PHHC:061448
Kedar Singh only. For PWs particularly PW Inspector Kedar
Singh for his cross-examination to come up on 23.03.2023."
The learned trial Court has observed that ASI Varinder Pal Singh had
already been examined on 17.01.2020 and at that time was cross-examined as well.
The application is silent about the material things which were left to be put up the
witness and on what point. Simply contending that effective cross-examination could
not be conducted is no ground to re-call the said witnesses for cross-examination.
On asking, learned counsel for the petitioner further submits that if those
points which are to be put to PW1 are disclosed at this stage then no purpose would
be served by recalling the witness.
In the FIR No. 182 dated 30.10.2018, PW-1 ASI Varinder Pal Singh has
been re-called on 17.01.2020. As per the order, the application for cross-examining
him was moved on 09.01.2023. There is no explanation as to why petitioner avoided
for such a long period in moving the application. Unless there are specific reasons or
grounds, prayer for re-examination of the witnesses cannot be granted. The person
cannot be re-examined in the trial at the mere asking. Even statement of PW1 is not
annexed. Application is vague just to delay the disposal of the trial.
There is no ground to interfere in the order passed by the trial court, thus,
present petition stands dismissed.
(GURBIR SINGH)
JUDGE
25.04.2023
kusum
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
KUSUM
2023.04.29 15:02
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
