BUDHI SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for the quashing of order dtd. 20/3/2015 (Annexure P-6) whereby the Judicial Magistrate Ist Class, Chandigarh in case titled as 'State versus Budh Singh' in FIR No.126 dtd. 22/4/2012 under Ss. 279, 304-A IPC and Sec. 3/181 of M.V. Act registered with Police Station Manimajra, Chandigarh, has dismissed the application under Sec. 311 Cr.P.C. filed by the accused-petitioner for recalling the prosecution witnesses i.e. SI Balbir Singh, I.O. (PW-4) and Dr. Ashok Kumar (PW-3).

(2.) The brief facts of the case are that an FIR No.126 dtd. 22/4/2012 under Ss. 279, 304-A IPC and Sec. 3/181 of M.V. Act was registered with Police Station Manimajra, Chandigarh, against the petitioner. The Trial proceeded against the accused/petitioner and witnesses were being examined.

(3.) As per the petitioner, on 22/8/2014, the presence of the petitioner-accused had been exempted and it was in those circumstances that the cross-examination of PW-3/Dr. Ashok Kumar could not take place and was deferred though it was recorded as 'Nil'. The matter stood adjourned from time to time and finally to 5/2/2015. However, inadvertently, the petitioner's counsel is said to have wrongly noted down the date as 6/2/2015. Reliance is placed by the petitioner on the copy of the brief and the diary attached as Annexure P-3 and P-4 to the petition.