PARVESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this petition prayer has been made for quashing the order dated 03.12.2011(Annexure P-1) passed by learned Additional Sessions Judge, Ludhiana, whereby he suo moto ordered that evidence of Ajay son of Harnam Singh, resident of village and post office Chamian, Tehsil Sujanpur Teera, District Hamirpur (HP), was essential for the just decision of the case since he was not examined either by the prosecution or the defence. While issuing notice of motion on December 23, 2011, this court passed the following order:-

(2.) In compliance of the above order, learned Additional Sessions Judge, Ludhiana, has submitted his report dated 03.01.2012 in a sealed packet. On the last date of hearing, i.e. January 05, 2012, the said envelop containing the confidential report was opened and the report was perused. Learned counsel for the petitioner and Assistant Advocate General, Punjab, sought an adjournment for perusing the report and hence, the matter was adjourned for today, i.e. 12.01.2012 so that they may inspect the file and peruse the report. Learned counsel for the petitioner admits the factum of perusal of the report. Learned Additional Sessions Judge, Ludhiana, has accorded the following reasons:-

(3.) Learned counsel for the petitioner submits that order dated 03.12.2011(Annexure P-1) passed by learned trial court is absolutely against the sprit of Section 311, Cr.P.C. The prosecution cannot be allowed to fill up the lacunae in its case.