Criminal Misc. No. M-7691 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-7691 of 2009 Date of decision: October 29, 2009 Kuldip Singh -Petitioner Versus Janta express Bus Service, Phagwara -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. BD Sharma, Advocate, for the petitioner. Mr. HS Sandhu, Senior Advocate, with Mr. SK Bawa, Advocate, for the respondent. Rajan Gupta, J.(Oral) This is a petition under Section 482 Cr.P.C praying for setting aside order dated 13.02.2009 passed by Judicial Magistrate Ist Class, Phillaur, whereby application of the petitioner under Section 311 Cr.P.C. for correction of the affidavit filed in evidence was rejected. Mr. Sharma has argued that the affidavit furnished by the petitioner at the stage when he stepped into the witness box has been rejected only because of the defective verification. He has assailed the order on the ground that such an approach is hyper-technical in nature. Learned counsel submits that the aforesaid defect is merely an irregularity and the same can be corrected in exercise of power under Section 311 Cr.PC. Mr. Sharma further submits that the matter may be remitted back to the same court for a decision afresh. The prayer is not opposed by learned counsel for the respondent. Criminal Misc. No. M-7691 of 2009 2 In the facts & circumstances of the case, order dated 13.2.2009 is set-aside and the matter is remitted back to the court below for decision afresh. The parties shall be at liberty to raise all their pleas, including the judgments they may place reliance on before the court below. Parties shall remain present before the court below on the next date fixed before it. The petition stands disposed of in the aforesaid terms. [Rajan Gupta] Judge October 29, 2009. 'ask'