NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) challenging order dated 24.7.2010 (Annexure P-1) passed by the Judicial Magistrate, Ist Class, Nabha, whereby the application moved by the prosecution under Section 311 Cr.P.C. for summoning Reader of DSP, Nabha was dismissed.

(2.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal.

(3.) The case of the prosecution, in brief, is that the complainant-petitioner was waylaid by the private respondents and was given beatings and was threatened that in case he helped Charanjit Kaur in her case then they would kill him. They also gave kick blows in his abdomen. After the close of prosecution evidence, the case was listed for defence evidence. Accused Kuldeep Singh examined a witness from his department in his defence evidence to prove his innocence. The prosecution moved an application under Section 311 Cr.P.C. to summon Reader of Deputy Superintendent of Police, Nabha with the inquiry report. The said inquiry report was dated 10.2.2007 and the same was not relied upon by the prosecution at the time of presentation of challan.