JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed for quashing the impugned order dtd. 9/7/2013, passed by the learned Judicial Magistrate Fatehgarh Sahib in case titled as State v. Jaswant Singh arising from FIR No. 107 dtd. 28/8/2007 under Ss. 406 and 420 IPC registered at Police Station Khamanon, District Fatehgarh Sahib.

(2.) Facts of the case are that after filing of the challan by the police under Sec. 173 Cr.P.C, learned trial Court framed charges against the petitioner. During prosecution evidence, PW3 Sukhdev Singh was examined by the prosecution and he was declared hostile by the Asstt. Public Prosecutor. The said witness was, however, not cross examined by the counsel for the petitioner under the bonafide belief that he has been declared hostile and need not be cross examined. It is only on receipt of a copy of the statement, that the counsel for the petitioner found that there would be a need to cross examine the said witness regarding his contradictory stand taken while making a statement under Sec. 161 Cr.P.C and another statement made by him in an inquiry which was marked as Ex.PW3.A. as it became necessary to examine the said witness, the petitioner moved an application dtd. 24/2/2013 for recalling the witness PW3 Sukhdev Singh for cross examination. However, learned trial Court vide impugned order dtd. 9/7/2013 dismissed the said application. Aggrieved against the dismissal order, the present petition has been filed.

(3.) It is contended that there was a bonafide mistake by the learned counsel for the petitioner in not cross examining the said witness since he had been declared hostile. To rectify the said bonafide mistake, an application had been moved and not on account of filling up the lacuna. The witness needed to be examined only on a limited point regarding the contradictory statement made. It was further pleaded that the petitioner would suffer serious prejudice and injustice if the said witness is not recalled for cross examination.