Crl. Misc. No. M-853 of 2011 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-853 of 2011 Date of Decision: January 13,2011 Paramjit Singh ............................................................... Petitioner Versus State of Punjab ............................................................ Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Sunil Chadha, Advocate for the petitioner. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for quashing of order dated 7.12.2010 (Annexure P-4) passed by the Sub-Divisional Judicial Magistrate, Garhshankar whereby an application under Section 311 Cr.P.C. has been dismissed. In the application, it has been mentioned that during the cross- examination of PW1 Sohan Lal and PW2 Manohar Lal the counsel had inadvertently failed to ask the witness vital question which concern the motive for getting this case registered against the accused. The complainant has engaged a new counsel and, therefore, prays for recalling the witnesses for their cross-examination. Crl. Misc. No. M-853 of 2011 [ 2 ] Mr. Sunil Chadha, learned counsel for the petitioner, states that the complainant Sohal Lal sustained injuries on account of having fallen while scaling the wall of the house of the petitioner. He was taken to Civil Hospital, Hoshiarpur, under the influence of liquor. After getting the treatment, he was discharged by the Doctor on duty. The complainant returned back to his village. This fact was to be verified in cross- examination by the counsel but he failed to do so. The petitioner seeks only one opportunity to cross-examine Sohan Lal PW1. The version of the petitioner that Sohan Lal had fallen, taken to Civil Hospital and later on discharged by the Doctor of Civil Hospital, Hoshiarpur, is based on documentary evidence. The complainant was later on re-admitted in the Civil Hospital, Garshankar at 8:30 P.M. on 21.8.2007. The criminal miscellaneous is allowed. Order dated 7.12.2010 rejecting the application under Section 311 Cr.P.C. is quashed. The petitioner is given one opportunity to cross-examine PW1 Sohan Lal on 19.1.2011 i.e. the date fixed before the trial Court for recording of statement of the accused under Section 313 Cr.P.C. 13.1.2011 ( RITU BAHRI ) Rupi JUDGE