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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Rinku Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. This petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for setting aside the order dated 06.01.2026 (Annexure P-6), passed by the Court of learned Additional Sessions Judge, Jalandhar in case arising out of FIR No. 35 dated 10.04.2017, registered under Section 22 of the NDPS Act, 1985 and Sections 420, 465, 471, 474 and 120-B of IPC at Police Station Lohian, Jalandhar, whereby an application filed by him under Section 348 of BNSS (which is pari materia with Section 311 of Cr.P.C.) has been dismissed.
2. Briefly stated, the petitioner is facing trial in the aforementioned case for commission of aforementioned offences. During the course of trial, examination-in-chief of PW-4/SI Pargat Singh was recorded on 30.01.2020 and on the same day, he was cross-examined by the defence counsel. Thereafter, on 12.11.2025, the petitioner had moved aforementioned application seeking recall of PW-4 on the ground that certain material questions could not be put to him during his cross-examination. The prosecution filed reply to the said application opposing the prayer of the petitioner. After heari
Cross-examination is fundamental for a fair trial, and the court must balance the rights of both the accused and the victim when permitting recall of witnesses.
The court emphasized the right to a fair trial, allowing the accused to recall witnesses for cross-examination despite previous failures, under specified conditions.
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