High Court of Punjab and Haryana, Chandigarh
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Kulwinder Singh & Anr v. State of Punjab - CRM-77469-m-2006  RD-P&H 11886 (4 December 2006)
CRL.M.No.78719 of 2006 and
CRL.M.NO.77469-M OF 2006
DATE OF ORDER: 15.12.2006
Kulwinder Singh and another
State of Punjab
CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.
Present: Mr. J.B.S. Gill, Advocate.
Crl.M.No.78719 of 2006
Application is allowed. Copy of order dated 18.9.2006 is taken on record.
Crl.M.No.77469-M of 2006
This is petition against order dated 29.11.2006 passed by Sessions Judge, Hoshiarpur whereby request of the accused-petitioners for holding test identification parade to be identified by Sunil Kumar witness was declined.
Counsel for the petitioners argues that Sunil Kumar was not CRL.M.NO.77469-M OF 2006 #2#
cited as witness by the prosecution. Vide order dated 18.9.2006, an application of the prosecution was allowed and he was directed to be summoned as witness. That Sunil Kumar witness was introduced later on and request made by the accused-petitioners was that a test identification parade be held so that Sunil Kumar identifies the accused out of the Court before he comes to the Court as witness.
Counsel for the petitioners argues that the accused-petitioners had come in muffled faces before the Sessions Judge when this request was made. He argues that it was incumbent on the Sessions Judge to allow this request of the petitioners. He relies on a judgment of this Court reported in Joginder Singh alias Naginder Singh v. The Punjab State, 1974 CLR Vol.II 588 and High Court Instructions contained in Chapter II-C, Volume III.
FIR in this case had been registered on 30.5.2005. It appears that the charges had also been framed on 9.11.2005. Accused-petitioners are facing trial. Some witnesses had already been examined.
Under these circumstances, no useful purpose would be served by issuing a direction to hold any test identification parade. I do not find any good ground to interfere.
December 15, 2006 ( M.M. AGGARWAL )
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