GEETANJALI GUPTA Vs. STATE OF H P

JUDGEMENT

(1.) Cr. M.P. No. 1201 of 2018

(2.) The witness concerned, namely Chain Singh, was cited as a prosecution witness, and, after the examination, of, an ocular witness to the occurrence, and, who had rendered a testification in corroboration, to, the genesis of the prosecution case, the then APP, on 1.6.2015, made a statement, qua the recording of deposition of Chain Singh, being repetitive in nature, hence the aforesaid witness, was, asked to be given up. The learned trial Judge, in concurrence therewith, pronounced an apt order thereon. The order made by the learned trial Judge, in consonance with the statement, as, made therebefore, by the learned APP concerned, has acquired finality and conclusivity, and was un-reviewable, even by the prosecution, by the latter, hence, thereafter proceeding, to cast an application, under Sec. 311 Cr. P.C. Even otherwise, the statement made on behalf of the prosecution, by the then APP, is, throughout binding upon the prosecution, and, it was not appropriate, for the apt successor-in-office, to make strivings, for, either reviewing the earlier statement made by the apt predecessor-in-office, importantly, when hence the learned trial Judge, had earlier made a conclusive binding, and, un-reviewable order, vis-visChain Singh, being an un-necessary witness, given his testification being repetitive, in nature.

(3.) In view of the aforesaid observations, the instant petition is allowed. The impugned order, of 28.11.2017, pronounced by the learned Judicial Magistrate, 1st Class, Kandaghat, District Solan, is quashed and set aside. All pending application(s), if any, also stand disposed of. No costs.