IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-25165 of 2008 Date of decision : 19.12.2008 Gurcharan Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. Sonia Sharma, Advocate for Mr. Gurcharan Dass, Advocate the petitioner Ms. Manjari Nehru Kaul,Deputy Advocate General, Punjab S. D. ANAND, J. It is apparent from a conjunctive perusal of the pleadings of the parties that the summoning of the petitioner, as an accused, came to be ordered by the learned Trial Court merely on the basis of examination- in-chief of PW-1 Jaswinder Kaur (Annexure P-8). The further cross- examination was deferred as the prosecution indicated an inclination to file a plea under Section 319 Cr.P.C. The law on the point was settled in Mohd. Shafi Vs. Mohd. Rafiq and another 2008 (2) RCR (Criminal) 763. As per it, a such like plea can be considered by the Court only on the basis of substantive testimony of witness. Ofcourse, testimony of a witness would become substantive in character only when the veracity or otherwise of witness has been subjected to cross-examination. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. Learned Trial Court shall, however, be entitled to pass a fresh order on a similar plea, if any comes to be filed, on the basis of whatever substantive evidence may appear in that behalf. December 19, 2008 (S.D. ANAND) Pka JUDGE