HARISH KUMAR Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) The petitioner-complainant is aggrieved of the order dated 09.07.2014 passed by Additional Chief Judicial Magistrate, Rohtak vide which the application filed by the prosecution under Section 311 Cr.P.C. for recalling Pws Inspector Vikas and Sub Inspector Shri Krishan, for crossexamination, has been dismissed.

(2.) In the instant case, prosecution was launched at the instance of O.P. Gupta, Director, Green Valley Plywood, against respondent Sanjay by way of FIR No.561 dated 14.09.2006, under Sections 63 of Copy Right Act and 420 IPC, Police Station Civil Lines, Rohtak for selling spurious and duplicate products. After the death of O.P. Gupta, the petitioner was permitted to pursue the complaint.

(3.) On 13.02.2014 examination-in-chief of witnesses, namely, Inspector Vikas and Shri Krishan was recorded, but their cross-examination was deferred on the request of defence counsel. After that they were not brought before the Court for cross-examination. On 11.06.2014 the Court closed the prosecution evidence by order. The prosecution then filed an application under Section 311 Cr.P.C. seeking summoning of both the investigating officers i.e. Inspector Vikas and Sub Inspector Shri Krishan, for their crossexamination.