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2023 Supreme(SC) 818

AHSANUDDIN AMANULLAH, S. V. N. BHATTI
Satbir Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Gaurav Agrawal, Adv. (App. Not Given) Mr. Sahil Tagotra, AOR Mr. Chritarth Palli, Adv.
For the Respondent(s): Mr. Anil Kumar Yadav, Addl. Adv. Gen. Dr. Monika Gusain, AOR Mr. Mithilesh Kumar Singh, AOR Mr. Bacha Babu Mistry, Adv. Mrs. Manju Singh, Adv. Mr. Ashutosh Kumar Singh, Adv. Mr. Rakesh Kumar Yadav, Adv. Dr. Sukhdev Sharma, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. Heard learned counsel appearing for the parties.

2. Leave granted.

3. The present appeal has been filed against the order dated 14.12.2021 in CRMM No. 40058/2021 (hereinafter referred to as the “Impugned Order”) passed by the High Court of Punjab and Haryana at Chandigarh (hereinafter referred to as the “High Court”) by which the prayer for recall of the appellant as a witness in the trial before the Court below for further examination has been rejected.

4. The brief facts relating to the case are that the appellant made a complaint against the accused that they, being ex-employees of his company, had stolen company data and used such data to manufacture equipment, which was being manufactured by the appellant’s company. During trial, before the Report from the Central Forensic Sciences Laboratory, Chandigarh (hereinafter referred to as “CFSL”) could come, the evidence of the appellant was recorded. However, when the CFSL expert who had prepared the Report was examined on 20.08.2021 by the Court, though he described the data which was found on the hard disks of the accused, but there was no reference as to whether they were comparable to/same in re

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