SANJAY KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially in the wake of complaint of complainant-Rakesh Kumar son of Balvir Singh, respondent No.2(for brevity "the complainant"), a criminal case was registered against the petitioneraccused Sanjay Kumar son of Shankar Dass, by virtue of FIR No.69 dated 22.12.2009(Annexure P-1/T), on accusation of having committed the offences punishable under Sections 279, 337, 338, 427 and 304-A IPC, by the police of Police Station Hajipur, District Hoshiarpur.

(2.) After completion of the investigation, the police submitted the final police report(challan). The petitioner-accused was accordingly charge-sheeted for the commission of the pointed offences by the trial court and the case was slated for evidence of the prosecution.

(3.) During the pendency, when this criminal case was still fixed for prosecution evidence, the petitioner-accused moved an application (Annexure P-5) under Section 311 Cr.P.C., for recalling PW1 Rakesh Kumar and PW2 Rajinder Kumar, for further cross examination.