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SHER SINGH versus STATE OF PUNJAB & ANR

High Court of Punjab and Haryana, Chandigarh

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Sher Singh v. State of Punjab & Anr - CRR-1355-2006 [2006] RD-P&H 3717 (5 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.Rev.No.1355 of 2006

Sher Singh .....Petitioner

VERSUS

State of Punjab and another ......Respondents Present : Mr. N.S. Swaitch, Advocate, for the petitioner.

Prayer in this petition is, for setting aside the order dated 7.6.2006 passed by Sub Divisional Judicial Magistrate, Jagraon, whereby an application filed by the petitioner,under Section 311 of the Cr.P.C., for recalling the complainant for further cross-examination has been dismissed.

The ground on which, recalling of complainant has been prayed is that the parties have compromised the matter, pursuant to a settlement dated 22.11.2004 and the complainant is ready to withdraw the present case. The learned trial Court, rightly dismissed the application. The impugned order does not disclose any error of jurisdiction, as would warrant interference in the exercise of powers under Section 401 of the Cr.P.C. The complainant concluded her deposition prior to the alleged compromise and, therefore, cannot be recalled for further cross-examination. The petitioner may, however, if so advised, file an application for compounding of offences, in accordance with law and/or seek such other remedy, as may be available to him, in accordance with law.

Disposed of with the aforementioned observations.

11.7.2006 ( RAJIVE BHALLA )

GS JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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