DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner against the order dtd. 9/11/2021 passed by the Court of Ld. Additional Sessions Judge, Fatehabad, whereby the application moved by the petitioner/complainant under Sec. 311 Cr.P.C. for recalling PW-11 ASI Phool Singh, in order to get him declare hostile and thereafter to get him cross-examined by the prosecution in criminal case having FIR No.236 dtd. 12/5/2019 under Sec. 302 and 392 IPC read with Sec. 34 IPC Police Station City Tohana District Fatehabad was dismissed. The brief facts of the case are that the aforesaid FIR was registered on the basis of the statement of petitioner/complainant Dinesh Kumar relating to murder of Joginder @ Bittu, whose dead body was found lying in the basement of the showroom of petitioner/complainant. The said FIR was registered against unknown persons, who committed murder of Joginder @ Bittu. During investigation, respondents No.2 and 3 namely Gurvinder @ Dariya and Lakhbir @ ) Lakha were arrested and after completion of investigation, the police presented challan against both of them. After commitment of the case, the charges were framed and during trial prosecution examined number of witnesses including PW- 11 ASI Phool Singh and his statement was recorded on 7/4/2021. Thereafter petitioner/complainant filed an application on the same very day under Sec. 311 Cr.P.C. for recalling the aforesaid PW and to get him declared hostile and then to cross-examine him on behalf of the prosecution.

(2.) The aforesaid application was contested by the defence and reply was filed. After hearing the counsel for both the parties the learned trial Court dismissed the said application vide impugned order dtd. 9/11/2021.

(3.) The present petition is contested by the respondents No.2 and 3. I have heard the counsel for the parties.