IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.16413-M of 2007
Date of decision : 27-01-2009
Mukesh Sharma
....Petitioner
VERSUS
The State of Haryana
....Respondent
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Ashish Aggarwal, Advocate,
for the petitioner.
Mr. S.S. Mor, Sr. DAG, Haryana,
Mr. Madan Pal, Advocate,
KANWALJIT SINGH AHLUWALIA, J. (Oral)
By this common order, five petitions i.e. Criminal Misc.
No.16413-M of 2007 preferred by Mukesh Sharma Vs. The State of
Haryana, Criminal Misc. No.17340-M of 2007 preferred by Chanan Dass
Vs. The State of Haryana, Criminal Misc. No.27346-M of 2007 preferred by
Naresh Kumar & Others Vs. State of Haryana, Criminal Misc. No.26425-M
of 2007 preferred by Gahal Singh and others Vs. State of Haryana, Crl.
Misc. No.31682-M of 2007 preferred by Jatinder Rathee Vs. State of
Haryana shall be decided.
Counsel for the petitioner inter alia contend that petitioners
were summoned without conclusion of the cross-examination of the
witness.
Counsel for the respondent state that whether petitioners could
be summoned without cross-examination of the witness or not is pending
for consideration before a Larger Bench of the Apex Court.
Counsel for the respondent further submit that he has no
objection if cross-examination of the witness is concluded and thereafter
Crl. Misc. No.16413-M of 2007
-2-
trial Court apply its mind afresh whether petitioners are to be summoned
after invoking u/s 319 Cr.P.C. or not.
Taking into consideration this submission, the order
summoning the petitioner u/s 319 Cr.P.C. is set aside. The matter is
remanded back to the trial Court. After cross-examination of the witness is
concluded, the trial Court shall examine the application for summoning the
petitioner u/s 319 Cr.P.C. afresh.
Present petitions are disposed of.
(KANWALJIT SINGH AHLUWALIA)
27-1-2009 JUDGE
manju