Crl.Misc. No.M-3330 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc. No. M-3330 of 2010 (O&M) Date of Decision: February 04, 2010 Krishan ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.S.R.Hooda,Advocate for the petitioner. Sabina, J. This petition has been filed under Section 482 of the Code of Criminal Procedure(for short`Cr.P.C.') for quashing impugned order dated 19.12.2009 passed by the Additional Sessions Judge, Panipat (Anneure P1) whereby the application moved by the petitioner under Section 311 Cr.P.C. for further cross examination of the material witness, namely Balwan PW3 was dismissed. While disposing the application, the brief facts as noticed by the Trial Court in para 1 of its judgment, reads as under:- “Vide this order I shall dispose of application for recalling PW3 Balwan son of Sedha resident of Village Rajond for further cross- examination prior to disposal of an application under Section 319 Cr.P.C. filed earlier to this application moved on the ground that application under Section 319 Cr.P.C. has been filed on the basis of statement of PW3 Balwan Singh who deposed that Mukesh and Rakesh sons of Ilma, Ompati wife of Bhim Singh and Ilma son of Crl.Misc. No.M-3330 of 2010 (O&M) 2 Ram Singh were also involved in the commission of crime and they also may be put on trial. However, it is not worthy that the incident had taken place on 16.9.2008 and on the same day, deceased Baby wife of Krishan had made a statement before Assistant Sub Inspector Raj Pal Singh of Police Station Israna deposing therein that her clothes had caught fire when she was preparing food and it was an accidental fire and nobody was liable for the same. Her statement was also verified by PW3 Balwan and Munni Devi wife of Balwan who had also appended their thumb impression on their verification but the FIR in this case was registered on 18.1.09 after a considerable unexplained delay. Inadvertently, previous statement, which was verified by Balwan Singh, could not be confronted to him when he appeared in the witness box. There are certain other points regarding delay in lodging the matter to police and about involvement of persons who are sought to be summoned under Section 319 Cr.P.C. The trial is at initial stage and may not cause any harm to prosecution if PW Balwan Singh is recalled for further cross-examination prior to disposal of application under Section 319 Cr.P.C. Hence this application." Learned counsel for the petitioner has submitted that PW3 Balwan was liable to be summoned for further cross-examinatin as material questions had not been put to him during cross-examination. Admittedly, the application for summoning of PW3 Balwan for further cross-examination has been moved after change of the defence counsel. Since the said PW had been duly cross-examined by the earlier Crl.Misc. No.M-3330 of 2010 (O&M) 3 defence counsel, hence, the learned trial Court rightly dismissed the application for summoning PW3 Balwan for further cross-examination. No ground for interference is made out. Dismissed. (Sabina) Judge February 04, 2010 arya