HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS, 2023') seeking quashing of impugned order dtd. 8/7/2025 passed by the JMIC, Jagraon, District Ludhiana whereby application under Sec. 216 of Cr.P.C. filed by respondent no. 2 for adding the charge of Ss. 457, 380 of IPC in FIR No. 90 dtd. 23/8/2018 registered under Ss. 448, 427, 201 IPC at Police Station City Raikot, District Ludhiana has been wrongly allowed.

(2.) Learned counsel for the petitioner contended that no offence under Sec. 380 and 457 IPC is made out against the petitioner as the complainant moved the application after five months of the incident regarding missing of Eco machine and an amount of Rs.1700,.00 which is an after thought. But after thorough investigation by the police, Sec. 380 and 457 IPC have been deleted and now the trial Court has altered the charges without providing an opportunity to the petitioner accused to cross-examine the witness PW-1 and requested that the application under Sec. 216 Cr.P.C. be decided after providing opportunity to cross examine the witness on facts which is necessary for proper adjudication of application under Sec. 216 Cr.P.C.

(3.) On the other hand, learned State counsel, appearing on advance notice, contended that the application for the said purpose was moved on the very next date but he failed to point out the exact date on copy of application the same was moved or whenever supplementary statement was recorded as in initial complaint these facts are missing. Learned State counsel further submits that there is no prejudice to the petitioner at this stage as only the charges have been framed and it is a matter of trial as petitioner gets the opportunity to cross-examine witness.