ASHWANI KUMAR AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing of order dated 2.3.2010 (Annexure P-3) passed by the Sessions Judge, Kurukshetra, whereby the application moved by the prosecution under Section 311 Cr.P.C. for summoning of Kewal Krishan, Dev Raj and Vivek Behal @ Jangi for examining them Pws by way of additional evidence was allowed.

(2.) Learned senior counsel for the Petitioners has submitted that the names of the witnesses Kewal Krishan, Dev Raj and Vivek Behal @ Jangi were not mentioned in the list of prosecution witnesses. The statements of the said witnesses were also not recorded during investigation under Section 161 Cr.P.C. In these circumstances, the said three persons could not be summoned as witnesses to depose before the trial Court.

(3.) Learned State counsel, on the other hand, has submitted that it was a case of version and cross-version. In the cross-version case, the witnesses, now sought to be summoned, have been arrayed as accused.