SITAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner is aggrieved by an order passed by CJM, Ferozepur dismissing his application under Section 311 Cr.P.C. recalling PW3 Raunak Singh, retired SI, the investigating officer, PW4 Mohinder Singh, and PW5 Jaswinder Kaur, whose cross-examination has been recorded as "nil" "opportunity given". Counsel for the petitioner submits that the re-summoning of the said witnesses is necessary for just decision of this case as opportunity of cross-examination of witnesses was not given on account of the fact that counsel for the petitioner was not well and a prayer had been made for adjournment on the ground of sickness of the counsel. The trial Court has observed that an application is a device to delay the proceedings and that the case falls in the "action plan cases" as such there was no justification to invoke the provisions of Section 311 Cr.P.C.

(2.) Counsel for the petitioner has stated at bar that the case is still at the stage of recording of prosecution witnesses.

(3.) Taking into consideration the circumstances and spirit of Section 309 Cr.P.C., this Court is of prima facie opinion that in the interest of justice, the trial Court could have postponed the proceedings by imposing appropriate costs on the petitioner as per explanation 2 of Section 309 Cr.P.C.