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2018 Supreme(HP) 160

SANDEEP SHARMA
Irshad – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nimish Gupta
For the Respondent: Mr. Vikrant Chandel

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 17.1.2018 passed by learned Special Judge, Chamba, District Chamba, Himachal Pradesh, in Cr.MA No. 97/18 in Sessions Trial No. 8/17, whereby application having been filed by the respondent-State under Section 311 CrPC for re-summoning and reexamination of PW-1 Sanjay Kumar and PW-2 Hoshiar Singh came to be allowed, petitioner-accused (hereinafter referred to as ‘petitioner’) has approached this Court by way of instant petition praying therein for quashing of impugned order referred to herein above.

2. For having a bird’s eye view of the matter, necessary facts as emerge from the record are that an application bearing Cr.MA No. 97/18 came to be filed under Section 311 CrPC on behalf of the State seeking therein permission of the court to re-summon and reexamine PW-1 and PW-2, names whereof have been referred herein above. Averments contained in the application i.e. annexure P-1 reveal that at the time of investigation, Investigating Officer had initiated process for pre-trial disposal of case property in terms of provisions contained under Section 52A of the Narcotic Drugs & Psychotropic Substances Act (her


































































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