IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12426-2025 Decided on : 05.03.2025 Hardeep Singh and another . . . Petitioner(s)

Versus State of Punjab . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Lakshay Bector, Advocate for the petitioner(s).

Mr. Amandeep Singh, DAG, Punjab.

****

SANJAY VASHISTH, J. (Oral)

1. Instant petition has been filed by the accused – Hardeep Singh and Deepak, by challenging the order dated 06.05.2024, whereby, cross- examination of the complainant, has been treated as “NIL”. Subsequently, on moving an application dated 09.08.2024, under Section 311 Cr.P.C. for recalling of PW-Ram Baitha (complainant examined on 06.05.2024), has also been dismissed vide order dated 14.01.2025, and same is also assailed by the petitioners before this Court.

2. Before proceeding further, it would be apt to notice both the orders, passed by the trial Judge in the proceedings of FIR No. 210, dated 07.11.2022, under Sections 379-B, 34 and 411 of IPC, registered at P.S.

Sadar, Ludhiana.

Firstly, the order dated 06.05.2024, whereby, the cross-

examination of the witness was recorded as ‘NIL’, says as under:-

“ Accused Arun Kumar produced by the Jail Authorities. He be again produced on 24.05.2024 till then he is remanded in judicial custody.

Accused came present. The complainant/PW had came present. The evidence of complainant/PW was recorded in the presence of the accused persons. The complainant/PW Ram Baitha identified the accused present in the present case in the Court. After the identification, they were asked to bring their counsel. The counsel came after some time but he gave the lame excuse and submitted to the Court that he would come after some time. Thereafter, the case was called several times but neither the accused came present nor the counsel came, due to which the signatures of the accused persons could not be appended. It seems that the intentional hurdles are being created to harass the witness. It is already 04.30pm, accordingly, the cross examination of PW is treated as NIL, despite the fact that several opportunities was given.

Non bailable warrants issued to ASI Major Singh received back unserved. Let fresh non bailable warrants be again issued to him for

24.05.2024.”

Another order dated 14.01.2025, whereby, application u/s 311 Cr.P.C. has been dismissed, is also reproduced here-under:-

“ Accused Arun Kumar not produced by the jail authorities. Let production warrants of accused be issued with the direction to produce the accused in the Court on 13.2.2025.

2. Heard on application under Section 311 Cr.PC moved by the accused/applicants Deepak and Hardeep through their Counsel for recalling P.W Rama Betha – complainant for the purpose of cross examination.

3. In the application, it has been submitted by Ld. Counsel for the accused/applicants that the cross examination of P.W Rama Betha - complainant was treated as ‘Nil’ due to the negligence of the previous Counsel and wrong advice given to them. It has been submitted that the cross examination of complainant/witness is necessary. It has further been submitted that the law with regard to Section 311 Cr.PC is liberal. Prayer has been made to recall the complainant for cross examination by allowing the present application.

4. On the other hand, Ld. Addl.P.P for the State while filing reply to the aforesaid application has submitted that the accused/applicants are taking undue benefit of the process of the Court.

The witness was present for cross examination but due to the act and conduct of the accused/applicants cross examination did not take place.

Prayer has been made to dismiss the application.

5. The perusal of the file reveals that on 6.5.2024 the complainant Ram Baitha came present in the Court. His statement was recorded in the presence of the accused persons. The complainant had identified the accused persons. After the identification of the accused/applicants, the accused were asked to bring their Counsel. The Ld. Counsel fo