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Punjab-Haryana High Court

Ombir And Others vs State Of Haryana on 30 May, 2014

Author: K.C. Puri

Bench: K.C. Puri

              IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                                      CRR No. 1725 of 2014 (O&M)
                                                      Date of decision : 30.5.2014
                                                     ...
                           Ombir and others
                                                                    ................Petitioners

                                                     vs.
                           State of Haryana
                                                                   .................Respondent


                           Coram: Hon'ble Mr. Justice K.C. Puri


                           Present: Sh. Vineet Sehgal, Advocate for the petitioners.
                                                   ...

                           K.C. Puri, J.

Challenge in this petition is the order dated 20.5.2014 vide which prayer of the petitioner to provide proceedings containing the investigation to refresh the memory, has been declined. Learned trial Court observed that witness has used the case diary prior to coming to the witness box and he has not used the same during the examination or cross examination, in the Court.

Section 172 (3) Cr.P.C. specifically envisages that neither the accused nor his agents shall be entitled to call for such diaries. So, the trial Court has rightly passed the impugned order by invoking the provisions of Section 172 (3) Cr.P.C.

No ground for interference in the present revision petition is made out.

Consequently, the petition stands dismissed.

( K.C. Puri ) 30.5.2014 Judge Chugh Banita chugh 2014.05.30 17:58 I attest to the accuracy and integrity of this document chandigarh