PUSHPINDER SINGH Vs. STATE OF J&K.

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561- A Cr.P.C ., petitioner seeks allowing of the application filed under Section 540 Cr.P.C. before CJM Jammu, for recalling of the prosecution witnesses (PW-6, 22 & 23) for their cross- examination, who were examined on 30.04.2010 by the prosecution, after quashing the order dated 08.08.2017 in an application under Section 540 Cr.P.C. and order dated 28.09.2017 in the Revision thereof, passed by the Chief Judicial Magistrate, Jammu and 1st Additional Sessions Judge, Jammu, respectively.

(2.) In the petition it has been stated that the petitioner is an accused in a case under Sections 279/304-A RPC in case FIR No. 226/2006, registered at Police Station Gandhi Nagar, Jammu, which is pending disposal before Chief judicial Magistrate, Jammu, wherein the prosecution has examined 12 witnesses in all, out of total list of 45 witnesses and their right to lead the evidence has been closed on 25.10.2016. The statement of accused under Section 342 Cr.P.C. was recorded on 06.12.2016 and the matter was kept for defence evidence, during this period the petitioner/applicant moved an application under Section 540 Cr.PC, seeking to recall the prosecution witnesses (PWs-6, 22 & 23) on 08.06.2017. The Chief Judicial Magistrate, Jammu without proper application of mind rejected the application solely on the ground, that in the application, the applicant has not shown that the witnesses to be recalled are essential for the just decision of the case. It has been further contended that after the application under Section 540 Cr.PC, filed before CJM, Jammu was rejected on 08.08.2017, the petitioner filed criminal revision before 1st Additional Sessions Judge, Jammu on 16.08.2017, which was also dismissed on 28.09.2017. In view of the aforesaid factual backdrop, petitioner has approached this Court by way of instant petition with the prayer for allowing the application filed under Section 540 Cr.PC before CJM, Jammu and to recall the prosecution witnesses (PWs- 6, 22 & 23) for their cross-examination after setting aside the order dated 08.08.2017 and order dated 28.09.2017, passed by the CJM Jammu and 1st Additional Sessions Judge, Jammu respectively on following grounds:-

(3.) I have considered the rival contentions and law on the subject.