MADAN LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PETITIONER by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C. for short), prays for quashing of the order dated 30.1.2014 passed by the learned Sessions Judge, Sirsa, whereby an application under Section 311 Cr.P.C. moved by respondent No. 2 was allowed and two persons namely Smt. Hardei Devi -respondent No. 2 and one Ami Lal, were summoned as prosecution witnesses.

(2.) NOTICE of motion was issued and pursuant thereto, reply on behalf of respondent -State was filed and additional affidavit dated 14.7.2015 was also filed.

(3.) ON the other hand, learned counsel for the State opposes the present petition, contending that once the complainant who is son of respondent No. 2, was won over by the accused -petitioner and he turned hostile, responding No. 2, being the mother of the deceased, was very much competent to move application under Section 311 Cr.P.C. and the same was rightly allowed by the learned Sessions Judge. No lacuna was sought to be filled in the prosecution case nor any prejudice was going to be caused to the petitioner -accused. In support of his contentions, learned counsel for the State places reliance on the following two judgments: -