Criminal Misc. No. M-7692 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-7692 of 2009
Date of decision: October 29, 2009
Kuldip Singh -Petitioner
Versus
Janta express Bus Service, Phagwara -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. BD Sharma, Advocate, for the petitioner.
Mr. HS Sandhu, Senior Advocate, with
Mr. SK Bawa, Advocate, for the respondent.
Rajan Gupta, J.(Oral)
This is a petition under Section 482 Cr.P.C praying for setting
aside order dated 13.02.2009 passed by Judicial Magistrate Ist Class,
Phillaur, whereby application of the petitioner under Section 311 Cr.P.C. for
correction of the affidavit filed in evidence was rejected.
Mr. Sharma has argued that the affidavit furnished by the
petitioner at the stage when he stepped into the witness box has been
rejected only because of the defective verification. He has assailed the order
on the ground that such an approach is hyper-technical in nature. Learned
counsel submits that the aforesaid defect is merely an irregularity and the
same can be corrected in exercise of power under Section 311 Cr.PC.
Mr. Sharma further submits that the matter may be remitted back to the
same court for a decision afresh.
The prayer is not opposed by learned counsel for the
respondent.
Criminal Misc. No. M-7692 of 2009 2
In the facts & circumstances of the case, order dated 13.2.2009
is set-aside and the matter is remitted back to the court below for decision
afresh. The parties shall be at liberty to raise all their pleas, including the
judgments they may place reliance on before the court below.
Parties shall remain present before the court below on the next
date fixed before it.
The petition stands disposed of in the aforesaid terms.
[Rajan Gupta]
Judge
October 29, 2009.
‘ask’