SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Revision Petition has to be accepted, as the impugned order passed by the trial Court on January 11, 1984 is illegal and cannot be sustained. A perusal of the earlier order, dated January 1, 1984 (copy on the record would indicate that the application filed by the A.P.P. with a prayer for recalling Head Constable Gurcharan Singh as Court Witness was dismissed on the ground that even the defence evidence had been closed and it was not 'just and expedient' to recall the Head Constable at such a belated stage. However, in consequence of another application, the trial Court passed the impugned order holding that as the affidavit of Head Constable Gurcharan Singh was not proper and certified by the Attesting Authority, the said witness be recalled and examined as a prosecution witness with regard to the contents of the affidavit. The two orders cannot be reconciled, nor could the learned Magistrate review his earlier decision in the matter of recalling the witness.

(2.) THE Revision Petition is consequently accepted and the order, dated January 18, 1984 passed by the Judicial Magistrate First Class, Sunam, is set aside. The case shall be disposed of by the said court in accordance with law. Petition accepted.