IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr. Rev. 350 of 2009 DATE OF DECISION 18.4.2009 Jasvir Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Rk Dadwal, Advocate Mr. PS Sidhu,Addl.A.G.Punjab M.M.S.BEDI,J. Vide impugned order dated 20.1.2009 Ram Lal S.P.(D), Nawanshahar, who had held an inquiry and found the petitioner as innocent vide his report dated 25.3.2002 has not been permitted to be summoned as a defence witness. The trial court has observed that after having exercised powers u/s 319 Cr.P.C. by a court to summon an additional accused, the summoning of police officer holding the said accused innocent stands nullified. The said opinion does not appear to be proper. Any person facing trial has got a legal right to impeach the credibility of the evidence and to point out the defects in the prosecution in order to establish his defence or to establish that he is innocent. The impugned order dated 20.1.2009 is,thus, not sustainable to the extent of refusal to summon Ram Lal S.P.(D), Nawanshahar. Learned counsel for the petitioner has submitted that the petitioner has got the exact address of the said witness and would be able to produce him to establish his report. The petition is allowed and the impugned order dated 20.1.2009 is set aside and it is ordered that the petitioner will be permitted to produce Ram lal S.P.(D) ( now retired) to prove his report. Anything observed in the order will not affect the merits of the case. April 18 ,2009 ( M.M.S.BEDI ) TSM JUDGE