IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Criminal Misc. No.M-26674 of 2009 (O&M)
Date of Decision: 19.11.2009.
State of Haryana ....Petitioner
Versus
Baba Piara Singh ...Respondent
CORAM : Hon’ble Mr. Justice Rajesh Bindal
Present:- Ms. Ritu Punj, DAG Haryana.
RAJESH BINDAL J.
The petitioner has approached this Court challenging the order
passed by Chief Judicial Magistrate dated October 18, 2008 whereby the
application filed by the petitioner under section 311 Cr.P.C. for recalling of PW6
Kamaljit Kaur Bhatia, Retired Under Secretary (Home) was dismissed. The
application was filed for the purpose of proving the notification dated September
27, 2001 vide which the book written by the respondent was banned. At the time
of recording of statement of the aforesaid witness, the same could not be put to
her. The application was dismissed by the learned Court below considering the
same to be belated as at the relevant time though the notification in question
was in existance the same was not put to the witness the filing of the application,
in the opinion of the Court, was just with a view to fill in the lacuna in the
evidence already led.
Learned counsel for the petitioner submitted that the notification
dated September 27, 2001 issued by the State of Punjab was quashed by this
Court vide judgment dated 11.11.2008 in CWP No. 8045 of 2002 and thereafter
a fresh notification was issued on 15.12.2008. Request to prove notification
dated September 27,2001 has already been rendered infructuous considering
the subsequent development regarding its quashing by this Court. A fresh
application has been filed under Section 311 read with section 91 Cr.P.C. for
summoning of concerned officer from the Department of Home Affairs and
Justice, Government of Punjab to prove on record the relevant documents and
the subsequent notification. The application was filed considering the fact that
the aforesaid development had taken place after the recording of the evidence of
PW6 and dismissing of earlier application under Section 311 Cr.P.C.
Considering the aforesaid development in my opinion no further
orders are required as far as the dismissal of the earlier application filed by the
petitioner for recalling of PW6 is concerned as on account of subsequent
development a fresh application has been filed which is yet to be considered by
the Court below on merits.
Disposed of.
(RAJESH BINDAL)
19.11.2009 JUDGE
Reema