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DINESH KUMAR versus STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Dinesh Kumar v. State of Punjab - CRR-1351-2006 [2006] RD-P&H 3716 (5 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.Rev.No.1351 of 2006

Dinesh Kumar .....Petitioner

VERSUS

State of Punjab ......Respondent

Present : Mr. Liaqat Ali, Advocate, for the petitioner.

Prayer in this petition is, for setting aside the order dated 30.5.2006, passed by the Additional Sessions Judge (Adhoc), Jalandhar, whereby an application filed by the petitioner, under Section 311 of the Cr.P.C., has been dismissed.

I have heard learned counsel for the petitioner, perused the paper book as also the impugned order.

The sole ground, upon which, recalling of a witness is prayed is that the petitioner's earlier counsel did not cross examine the witnesses effectively, as the petitioner, being confined to jail, could not instruct him adequately. The above contention is factually incorrect. The earlier counsel cross-examined 15 witnesses and it cannot be believed that this cross- examination was conducted without instructions from the petitioner. The impugned order does not reveal any error of jurisdiction that would warrant interference in the exercise of jurisdiction under Section 401 of the Cr.P.C.

Dismissed.

11.7.2006 ( RAJIVE BHALLA )

GS JUDGE


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