[130] Sunita Kumari State of Punjab Coram : Present: SUBHAS MEHLA [1] for setting aside impugned order dated 07.02.2025 whereby learned Judicial Magistrater Ist Class, Hoshiarpur, dismissed the application filed under Section 311 of Cr.P.C. for recalling and cross examination of Investigating Officer. As original sale produced by witness and later on placed on file. [2] [3] behalf of the respondent [4] submitting that the sale deed was produced in the Court at the time of examination of PW Balkar Singh was duly cross time of c IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- Date of Decision : Sunita Kumari versus State of Punjab HON’BLE MR. JUSTICE SUBHAS MEHLA Mr. Naveen Batra, Advocate for the petitioner. *** SUBHAS MEHLA, J. (ORAL) Prayer in the instant petition filed under Section 528 of for setting aside impugned order dated 07.02.2025 whereby learned Judicial Magistrater Ist Class, Hoshiarpur, dismissed the application filed under Section 311 of Cr.P.C. for recalling and cross examination of Investigating As original sale deed which is a relevant piece of evidence was not produced by witness and later on placed on file. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab behalf of the respondent-State. Per contra, learned State Couns submitting that the sale deed was produced in the Court at the time of examination of PW-2/ASI Balkar Singh. He further submits that PW Balkar Singh was duly cross-examined by the defence counsel and at the of cross-examination, the sale deed IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -42470-2025 Date of Decision : 07.08.2025 …Petitioner ….Respondent SUBHAS MEHLA Advocate for the petitioner. Prayer in the instant petition filed under Section 528 of BNSS for setting aside impugned order dated 07.02.2025 whereby learned Judicial Magistrater Ist Class, Hoshiarpur, dismissed the application filed under Section 311 of Cr.P.C. for recalling and cross examination of Investigating deed which is a relevant piece of evidence was not produced by witness and later on placed on file. Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on learned State Counsel has opposed the petition submitting that the sale deed was produced in the Court at the time of 2/ASI Balkar Singh. He further submits that PW-2/ASI examined by the defence counsel and at the deed was brought in the Court by the BNSS for setting aside impugned order dated 07.02.2025 whereby learned Judicial Magistrater Ist Class, Hoshiarpur, dismissed the application filed under Section 311 of Cr.P.C. for recalling and cross examination of Investigating deed which is a relevant piece of evidence was not , accepts notice on petition by submitting that the sale deed was produced in the Court at the time of 2/ASI examined by the defence counsel and at the brought in the Court by the RAJNEESH SHARMA 2025.08.11 15:12 I attest to the accuracy and integrity of this document CRM-M-42470-2025 -2- said witness. As such, there is no necessity for further cross-examination of the said witness nor there is any legal ground mentioned in the application for summoning the witness and prayed for dismissal of the present petition. [5] Without commenting on the merits of the case, this Court finds merit in the prayer made by the learned counsel for the petitioner and grants only opportunity to the petitioner to cross-examine PW-2/ASI Balkar Singh, subject to payment of costs of Rs.10,000/- to be paid in District Legal Services Authority, Hoshiarpur, Punjab. [6] Disposed of. (SUBHAS MEHLA) JUDGE 07.08.2025 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2025.08.11 15:12 I attest to the accuracy and integrity of this document