IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-10580 of 2009 (O&M) Date of decision: 28th April, 2009 Dalwinder Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Karanjit Singh, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Mr. Partap Singh Mann, Advocate for respondents No.2 & 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that order dated 21st March, 2009, passed by Judicial Magistrate (1st Class), Ajnala, whereby application under Section 311 Cr.P.C. to examine eye witness Gurbachan Singh has been declined, be set aside. In the present case, FIR No. 62 dated 13.06.2002 was registered at the instance of petitioner at Police Station Ramdas, District Amritsar under Sections 326, 506, 34 IPC. In the present case, prosecution evidence was closed on 6th December, 2008. It has been stated that statement of eye witness Gurbachan Singh, brother of the injured petitioner was recorded by the Investigating Officer under Section 161 Cr.P.C. Copy of the application has been placed Criminal Misc. No. M-10580 of 2009 (O&M) on record as Annexure P-3. Trial Court has also noticed that even though the statement of Gurbachan Singh eye witness has been recorded under Section 161 Cr.P.C., he was not cited as a witness by the prosecution. A perusal of the FIR shows that name of Gurbachan Singh is mentioned in the FIR. Mr. Partap Singh Mann has caused appearance for respondents No.2 and 3. He has stated that unnecessarily delay is being caused by the petitioner and the statement of the accused under Section 313 Cr.P.C. has been recorded. It has further been submitted by Mr.Mann that charges were framed on 4th January, 2003, and prosecution closed its evidence on 6th December, 2008. Counsel for the respondents has further submitted that even though the application for summoning Gurbachan Singh under Section 311 Cr.P.C. was submitted on 12th April, 2008, same was not pressed. Counsel for the parties have submitted that next date of hearing in the trial Court is 23rd May, 2009. Taking into consideration the rival submissions made by counsel for the parties, I am of the view that in case Gurbachan Singh is examined, no prejudice is going to be caused to the accused. Rather, accused may cause dent in the prosecution case by gathering contradictions, discrepancies and improvements. Otherwise also, interest of justice demand that opportunity of complete adjudication should be afforded to the parties. Journey of the Court is to arrive at truth. Accordingly, it is ordered that learned trial Court shall prepone the date of hearing from 23rd May, 2009 to 8th May, 2009, on which date accused through their counsel and the complainant along with his witness Gurbachan Singh shall remain present. Testimony of Gurbachan Singh will be recorded. Thereafter, statement of the accused under Section 313 2 Criminal Misc. No. M-10580 of 2009 (O&M) Cr.P.C. shall be recorded and further opportunity shall be granted to the defence to examine any witness, if required. Trial shall be concluded within a period of two months from today. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 28, 2009 rps 3