HAZARA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) KEHAR Singh complainant was examined as PW.l when application under Section 319 Cr.P.C. was moved, thereupon further cross -examination of the witness was deferred, as reflected from statement Annexure P -4.

(3.) IN view of this, the impugned order passed by the learned trial court cannot be sustained, in view of the dicta of the Hon'ble Supreme Court in Mohd. Shaft's case (supra). Accordingly, the instant petition is allowed and the impugned order is set aside. The court below shall proceed with the trial of the case in accordance with law and also withdraw the process issued as a consequence of the impugned order. However, the State shall be a liberty to file application under Section 319 Cr.P.C. afresh, at an appropriate stage, which shall be disposed off by the learned trial Court, without being influenced by any observation made in this order.