NIADAR SINGH Vs. MAMAN

JUDGEMENT

(1.) This petition under Section 482, Criminal Procedure Code is for quashing the order dated 2.6.1999 passed by learned Metropolitan Magistrate, declining to summon two more witnesses at the stage of pre-charge evidence in a complaint case filed by the petitioner against the respondents. A revision filed by the petitioner against the said order was dismissed by learned Additional Sessions Judge vide order dated 18.9.1999.

(2.) The question raised before this Court is as to whether a complainant has a right to produce any additional witness at pre-charge evidence stage when the name of such a witness is neither mentioned in the complaint nor in the list of witnesses filed under Section 204(2), Criminal Procedure Code

(3.) The facts relevant for disposal of this petition, briefly stated, are that the petitioner had filed a complaint under Sections 147/323/379/447/426/506 read with Section 34, Indian Penal Code against the respondents. Two witnesses cited by the petitioner, namely Ram Singh and Chandgi Ram died before their examination in the Court and, as such, the petitioner moved an application under Sections 311 /244, Criminal Procedure Code for summoning Bhagwan Singh and Ved Parkash who, according to him, were witnesses to the occurrence. Learned Metropolitan Magistrate dismissed his application mainly on the ground that the names of these two witnesses were not mentioned in the complaint and, as such, their examination would cause serious prejudice to the accused persons. Learned Additional Sessions Judge was of the view that there was no rule of evidence that conviction could not be based on the testimony of single witness, i.e. the complainant only.