Judgment

Mr. Sumeet Goel, J.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 06.12.2023 passed by learned Judicial Magistrate Ist Class, Patti whereby the application filed by the petitioner (herein)-accused, under Section 311 of Cr.P.C. of 1973 for recalling of the witness-Sukhraj Kaur (respondent No.2 herein) for her cross-examination, was dismissed.

2. Learned counsel for the petitioner has argued that the said witness namely Sukhraj Kaur, is a prime witness of the prosecution, being complainant in the FIR in question i.e. FIR No.53 dated 29.10.2015 registered under Sections 406/498-A/120-B IPC at Police Station Khalra in District Tarn Taran, and, therefore, her cross-examination by the petitioner (herein)-accused is pertinent for the defence-side. Learned counsel has further argued that the cross-examination of the said witness being treated as ‘Nil’ is against the basic tenets of law and hence the learned trial Court ought to have allowed the said application.

3. Learned State counsel as also learned counsel for the complainant-respondent No.2 have opposed the instant petition by arguing that sufficient opp