Criminal Misc. No.M-6534 of 2009 (O&M) 1
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-6534 of 2009 (O&M)
Date of decision: 6.3.2009
Shinda @ Sikandar Singh
......Petitioner
Versus
State of Punjab and another
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.G.S.Sidhu , Advocate,
for the petitioner.
****
SABINA, J.
This petition has been filed by Shinda @ Sikander Singh
under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for
short) for setting aside the order dated 8.2.2008 passed by the
Judicial Magistrate, Ist Class, Ludhiana and the order dated
20.1.2009 passed by the Additional Sessions Judge, Ludhiana in
revision.
FIR No. 83 dated 5.6.1996 was registered at Police
Sation Sahnewal under Sections 323, 324, 325, 326/34 of the Indian
Penal Code on the basis of the statement of Bachan Singh-
Criminal Misc. No.M-6534 of 2009 (O&M) 2
complainant. After investigation, challan was only presented against
the petitioner and his co-accused Babli and Lali were declared
innocent. The complainant filed a complaint on 10.8.1996. On
10.9.1996 a supplementary statement of the complainant was
recorded under Section 161 Cr.P.C. Thereafter, prosecution moved
an application under Section 311 Cr.P.C. for re-examination of the
complainant on the basis of the supplementary statement made by
him.
Vide order dated 8.2.2008, Judicial Magistrate, Ist Class,
Ludhiana, allowed the application. Aggrieved by the same, the
petitioner preferred a revision petition and the same was dismissed
by the Additional Sessions Judge, Ludhiana vide order dated
20.1.2009. Hence, the present petition.
Learned counsel for the petitioner has submitted that the
application under Section 311 Cr.P.C. at a belated stage was liable
to be dismissed as prosecution could not be allowed to fill up lacuna
in its case. The supplementary statement had been recorded after
much delay.
As per Section 311 Cr.P.C. any Court may at any stage of
trial examine any person in attendance, though not summoned as a
witness, or recall and re-examine any person already examined and
the Court shall summon and examine or recall and re-examine any
such person if his evidence appears to be essential to the just
decision of the case.
Criminal Misc. No.M-6534 of 2009 (O&M) 3
Thus, the trial Court was empowered to summon any
person as a witness during trial for re-examination. So far as the
accused are concerned, they will get opportunity to cross-examine
the complainant, who is now sought to be re-examined by the
prosecution in view of the his supplementary statement.
In these circumstances, the impugned orders passed by
the Courts below, call for no interference.
Accordingly, this petition is dismissed.
(SABINA)
JUDGE
March 06, 2009
anita