SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 2/12/2021, the learned Additional Sessions, Mansa, made the hereinafter extracted order:-

(2.) A reading of the above extracted order, reveals that applications respectively cast, under Ss. 311, 310, and, under Sec. 319 Cr.P.C., were ordered to be listed on 06/1/2021. However, a reading of the afore order also details that, on the afore date, the learned Additional Sessions Judge, Mansa, had made an order for arguments, being made not only upon the afore applications but also upon the main appeal.

(3.) Learned counsel for the petitioner impugns the ordering of conjoint hearing(s) being made upon the applications (supra), and, also upon the main appeal, as upon a conjoint decision being recorded, adverse to the petitioner, more especially, on the application cast under Sec. 311 Cr.P.C., alongwith a decision on merits, thereupon the aggrieved complainant would lose an opportunity to assail the disaffirmative order, if any, as may become pronounced, upon his application under Sec. 311 Cr.P.C., as it would merge in the decision made on the main appeal. Besides obviously, there would be no efficacious remedy for the complainant to, after a conjoint decision on merits, being recorded, on the main appeal, and a disaffirmative decision, being made on the application (supra), to cast a valid challenge thereon.