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JAISHREE THAKUR
Harish Chander – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jaishree Thakur, J. (Oral) - CRM No.30668 of 2021
1. This is an application that has been filed under Section 482 Cr.P.C. for modification/recalling of the order dated 07.09.2021 whereby the criminal revision has been dismissed as withdrawn on the statement made by the counsel appearing for the petitioner.
2. Learned counsel appearing for the applicant/petitioner herein contends that he in fact intended to address arguments on merit and never intended to withdraw the revision petition.
3. Keeping in view the averments made, the order dated 07.09.2021 passed by this Court is hereby recalled and the criminal revision petition is restored to its original number and is taken up for hearing today itself.
CRR No.951 of 2021
4. The instant petition has been filed by the petitioner seeking to challenge the order dated 12.08.2021 passed by the trial court whereby the application filed under Section 311 Cr.P.C. for recalling of two witnesses namely Amrita Sehra (PW1) and Jaspreet Kaur (PW3) has been dismissed.
5. In brief, the facts are that the petitioner, who was employed with Punjab State Power Corporation Ltd. (PSPCL) and posted at Patiala, came to be nominated as an accused in FIR No.
The court emphasized that the application for recalling witnesses should not be allowed if it is filed to delay the trial or to cover up lacunae.
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
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