GURDIAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) seeking quashing of the order dated 23.01.2012. Learned counsel for the petitioner has submitted that prosecution witnesses PW -4 and PW -5 were liable to be called for further cross -examination in view of compromise effected between the parties. In support of his arguments, learned counsel has placed reliance on Baljit and other Vs. State of Haryana and another : 2009 (2) RCR (Cri) 178 wherein it was held as under: -

(2.) LEARNED State counsel as well as counsel for respondent No. 2 have not opposed the petition.

(3.) LEARNED Trial Court rightly held that the witnesses could not be re -summoned for the said purpose to enable them to resile from their earlier statements. The judgment relied upon by learned counsel for the petitioner fails to advance the case of the petitioner as it is based on different facts. Hence, no ground for interference is made out. Dismissed.