PARAMJEET SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of order dtd. 12/4/2017, passed by 1st Additional Session Judge, Jammu whereby the court below has dismissed the application of the petitioners/accused for recalling the injured PW Rohit Singh Billoria for his re-examination in terms of Sec. 540 Cr.P.C.

(2.) In the petition, it has been stated that injured PW Rohit Singh Billoria filed an application under Sec. 540 Cr.P.C before the court below stating therein that he has recorded his statement under the influence of police and relatives and has not deposed the true facts before the court, as such, he may be recalled so that true facts are brought on record. It is further stated that said application of injured PW Rohit Singh Billoria was dismissed by the court below on the ground that his statement has already been recorded. It is further stated that after dismissal of the said application, petitioners/accused also filed an application under Sec. 540 Cr.P.C before the court below for recalling PW Rohit Singh Billoria, which came to be dismissed by the court below vide order dtd. 12/4/2017.

(3.) The petitioners have challenged the order dtd. 12/4/2017, passed by 1st Additional Session Judge, Jammu on the following grounds:-