Baldev Krishan vs State of Punjab

K.P.S. Sandhu, J.

Baldev Krishan has filed this petition against the order of the learned Additional Sessions Judge Patiala remanding the case of the petitioner to the trial Magistrate. The petitioner was tried, convicted sentenced to R.I. for one year and fine of Rs. 200/ in default R.I. for two months under Section 9 of the Opium Act by the Judicial Magistrate First Class, Fatehgarh Sahib vide his order dated 1.11.1984. The Petitioner preferred an appeal against his conviction and sentence and the plea taken up before the learned Additional Session Judge was that part of the prosecution evidence has not been put to the petitioner in his examination under Section 313 Cr.P.C. So the same cannot be used against him. This plea was accepted by the learned Additional Session Judge, but he remanded the case for reexamination of the petitioner.

2 Admittedly, the petitioner is facing the trial since the year 1981. Keeping in view the time taken in the trial of the case. I don''t think there was any justification for the learned Additional Session Judge to remand it for reexamination of the petitioner. Support to this view can be sought from a Single Bench authority of this court reported as Madan Lal and another v. The State of Haryana, 1985(1) C.L.R. 718 : 1985(1) Recent Cr. 492. In this view of the matter, I don''t think the impugned order can be sustained. Consequently, this petition is allowed and the impugned order is set aside.