SHINGARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure (Cr.P.C for short) challenging the order dated 14.10.2010 passed by the Judicial Magistrate, Ist Class, Jagraon, whereby the application moved by the petitioner under Section 311 Cr.P.C. for summoning the witnesses had been dismissed.

(2.) Learned counsel for the petitioner has submitted that it was very necessary in the interest of justice to examine PW Dr.Hardeep Singh EMO Dispensary to prove the medico legal report as well as ASI Jaswant Singh, who had conducted the investigation of the case.

(3.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. Section 311 Cr.P.C. reads as under:- Power to summon material witness, or examine person present: Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case.