Sr. No.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 14.05.2025 Pronounced on: 19.05.2025 Ravinder Kumar and others ….Petitioner(s)

Through :- Mr. Sakal Bhushan, Advocate Mr. Rahul Sharma, Advocate V/s UT of J&K ….Respondent(s)

Through: Mr. R. K. Kotwal, Special PP.

Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

JUDGMENT

1. Petitioners have invoked inherent jurisdiction of this Court, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) read with Article 227 of the Constitution of India, for setting aside order dated 15.04.2025, passed by learned Principal Sessions Judge, Jammu, [“the trial court”] in case „UT of J&K v. Parshotam Singh and others‟ under Sections 120B, 447, 427, 302, 307, 506, 147 and 201 IPC, in terms whereof, their plea for deferring cross examination of six eye-witnesses, came to be declined.

2. The case set out by the petitioners is that out of PWs 1, 2, 3, 5, 7 and 8, the six eye-witnesses cited in the challan, PW2-Balbir Singh is father of deceased Avtar Singh, PW1-Jagir Singh is cousin of Balbir Singh, PW5- Tajinder Singh is son of Jagir Singh, PW7-Kamal Kour is wife of Balbir Singh and PW8-Surinder Singh is brothe