SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of instant petition, petitioner-Satbir, has assailed the order dtd. 11/9/2025, whereby learned Trial Court dismissed his application filed under Sec. 311 Cr.P.C. for recalling PW-12-Inspector Subhash Singh, for further re-examination.

(2.) Learned counsel for the petitioner refers to the application dtd. 29/8/2025, filed under Sec. 311 Cr.P.C. read with Sec. 348 BNSS, wherein paragraphs 2 and 3 state as follows

(3.) Learned counsel for the petitioner argues that the factual aspects set forth in the application have not been disputed by the prosecution/State. However, the learned Trial Court declined the request without properly appreciating that the concerned witness, who could have testified on the said aspect, namely Sanjay S/o Sajjan Singh (Ex. Sarpanch of the village), has since expired. Therefore, the facts stated in the application could have been disclosed by PW-12, Inspector Subhash Singh, for the purpose of bringing the truth on record.