CRM No. M-6193 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-6193 of 2009 (O&M) Date of decision: 30.03.2009 Jagdish Chander & others ...Petitioners Versus State of Haryana & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jaswant Jain, Advocate, for the petitioners. Mr. Kartar Singh, AAG, Haryana. Mr. Amit Jain, Advocate, for respondents No.3 & 4. Rajan Gupta, J. The only question raised by the petitioners in this petition is that in view of the provision contained in Section 296 of the Cr.P.C., they can be allowed to lead evidence by way of affidavits. According to the counsel, the evidence of 65 witnesses sought to be adduced by them before the court below being of formal nature, the same would be permitted in view of Section 296 Cr.P.C. Learned counsel for the State has, however, submitted that there was a specific provision in Section 145 Cr.P.C. permitting the parties to lead evidence by way of affidavits. However, in the amended Code of 1973, the said provision was deleted and thus evidence by way of affidavits is not permissible. It is evident that the trial court while dealing with the issue CRM No. M-6193 of 2009 2 in question, either did not address itself to the question of applicability of Section 296 Cr.P.C. to the proceedings or it was never raised before the said Court. Under the circumstances, both the counsels are agreed that the matter may be remanded back to the said court for a decision on this question. Under the circumstances, I hereby set-aside the order, Annexure P-3. The case is remitted back to the same court i.e. Sub Divisional Magistrate, Hisar where the parties are at liberty to raise the pleas as regards applicability of Section 296 Cr.P.C. to the proceedings in hand. The trial court may consider the pleas of the parties and arrive at a decision afresh. The parties shall appear before the trial court on 16.4.2009. Disposed of. (RAJAN GUPTA) JUDGE March 30, 2009 'rajpal'