SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision under Section 397 Cr.P.C arises out of the order dated 17.05.2016 passed by the learned Additional Sessions Judge/Special Judge, Tarn Taran, in Sessions Case No.RBT/PC/2/14.09.2009. This case pertained to FIR No.12 dated 13.02.2009 on the file of Police Station Vigilance Bureau, Amritsar, registered under Sections 409 and 120-B IPC and Sections 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(2.) The petitioners in this revision are the accused in the said case.

(3.) Earlier, the State filed an application under Section 311 Cr.P.C seeking to produce certain records relevant to this case. This application was ordered by the learned Additional Sessions Judge on 15.09.2014, observing that no prejudice would be caused to the accused as they would be given full opportunity to cross-examine the witnesses and rebut the said record. However, the records seem to have been taken on file without recalling the relevant witnesses. Thereupon, the petitioners filed an independent application under Section 311 Cr.P.C to recall Ashok Kumar, DSP (PW1), Surjit Singh, Superintendent, BDPO (PW4), and Harjit Singh, Junior Engineer (PW7), for further cross-examination.