RAJ KUMAR @ RAJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has invoked the jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the order dated 07.04.2015 (Annexure P -3) passed by the trial Court vide which application of the petitioner -accused for recalling two witnesses PW -3 Shamsher Verma and PW -13 ASI Avtar Singh for their further cross -examination has been declined.

(2.) THE petitioner is facing trial in FIR No. 236 dated 10.11.2013 for offences under Sections 460, 302 and 411 of Indian Penal Code (IPC), registered at Police Station Dera Bassi, Mohali. The version of the prosecution is that the petitioner alongwith coaccused tried to commit robbery in the ATM Machine of Indian Bank and caused the death of Alam Khan, security guard. The application was filed after examination of petitioner -accused under Section 313 Cr.P.C.

(3.) IT was stated in the application under Section 311 Cr.P.C. that the defence counsel while preparing arguments found that certain material questions were not inadvertently put to the aforesaid witnesses and those questions are very much required for just and proper decision of the case. The application was opposed by the State by filing reply (Annexure P -2).