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2022 Supreme(P&H) 282

KARAMJIT SINGH
Dinesh Kumar – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Dharampal, Advocate for Mr. Vivek Khatri, Advocate, for the Appellant; Ms. Harpreet Kaur, AAG, Haryana. Mr. Ajit Singh Lamba, Advocate for respondents No.2 and 3, for the Respondent

JUDGMENT

Karamjit Singh, J. - The present petition has been filed by the petitioner against the order dated 9.11.2021 passed by the Court of Ld. Additional Sessions Judge, Fatehabad, whereby the application moved by the petitioner/complainant under Section 311 Cr.P.C. for recalling PW-11 ASI Phool Singh, in order to get him declare hostile and thereafter to get him cross-examined by the prosecution in criminal case having FIR No.236 dated 12.5.2019 under Section 302 and 392 IPC read with Section 34 IPC Police Station City Tohana District Fatehabad was dismissed. The brief facts of the case are that the aforesaid FIR was registered on the basis of the statement of petitioner/complainant Dinesh Kumar relating to murder of Joginder @ Bittu, whose dead body was found lying in the basement of the showroom of petitioner/complainant. The said FIR was registered against unknown persons, who committed murder of Joginder @ Bittu. During investigation, respondents No.2 and 3 namely Gurvinder @ Dariya and Lakhbir @ ) Lakha were arrested and after completion of investigation, the police presented challan against both of them. After commitment of the case, the charges were framed and during trial

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