SATISH NAYYAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) Instant petition has been filed for quashing of impugned order dtd. 17/11/2021 passed by learned Additional Sessions Judge, Jalandhar, vide which the application filed by the petitioner for recalling the witness PW1-Mamta wife of Vijay Kumar (wrongly mentioned as PW-5) for cross examination has been dismissed.

(3.) As per the factual matrix of the case, the FIR was lodged on the statement of Mamta wife of Vijay Kumar. It was alleged that she is 26 years of age and is doing the house-hold work. On 29/1/2018 at about 11.00/12.00 p.m. her father-in-law Satish Nayyar said to her mother-in-law Kamlesh Nayyar to go to the house of her daughter Anuradha in order to meet her and on the saying of her father-in-law, her mother-in-law, after taking her elder son Rudav alongwith with her, gone to the house of her sister-in-law at Kamal Vihar. Her father-in-law came to her in her room and said that if she has to live there then she will have to admit his saying. Her father-in-law threatened her and asked her to have intimate relationship with him. Due to the threat given by the father-in-law she submitted herself to his illegal demand. Thereafter she told her husband about it but even he did not hear her. The FIR was lodged to take the legal action against her father-in- law. The Investigation commenced and the challan was presented. The trial Court took cognizance of the case. During the trial the complainant was examined as PW-1. The accused filed an application for recalling PW-1 Mamta wife of Vijay Kumar for further cross-examination. The trial court heard both the sides and after hearing, dismissed the same vide its order dtd. 17/11/2021. Aggrieved by the same, the petitioner has approached this Court for quashing of the order dtd. 17/11/2021.