CRM No. M-6193 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-6193 of 2009 (O&M)
Date of decision: 30.03.2009
Jagdish Chander & others ...Petitioners
Versus
State of Haryana & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Jaswant Jain, Advocate, for the petitioners.
Mr. Kartar Singh, AAG, Haryana.
Mr. Amit Jain, Advocate, for respondents No.3 & 4.
Rajan Gupta, J.
The only question raised by the petitioners in this petition is
that in view of the provision contained in Section 296 of the Cr.P.C.,
they can be allowed to lead evidence by way of affidavits. According to
the counsel, the evidence of 65 witnesses sought to be adduced by them
before the court below being of formal nature, the same would be
permitted in view of Section 296 Cr.P.C.
Learned counsel for the State has, however, submitted that
there was a specific provision in Section 145 Cr.P.C. permitting the
parties to lead evidence by way of affidavits. However, in the amended
Code of 1973, the said provision was deleted and thus evidence by way
of affidavits is not permissible.
It is evident that the trial court while dealing with the issue
CRM No. M-6193 of 2009 2
in question, either did not address itself to the question of applicability
of Section 296 Cr.P.C. to the proceedings or it was never raised before
the said Court. Under the circumstances, both the counsels are agreed
that the matter may be remanded back to the said court for a decision on
this question.
Under the circumstances, I hereby set-aside the order,
Annexure P-3. The case is remitted back to the same court i.e. Sub
Divisional Magistrate, Hisar where the parties are at liberty to raise the
pleas as regards applicability of Section 296 Cr.P.C. to the proceedings
in hand. The trial court may consider the pleas of the parties and arrive
at a decision afresh.
The parties shall appear before the trial court on 16.4.2009.
Disposed of.
(RAJAN GUPTA)
JUDGE
March 30, 2009
‘rajpal’