ANITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been under Section 482 of the Code of Criminal Procedure for setting aside order dated 03.05.2014 (Annexure P-5) passed by the Judicial Magistrate 1st Class, Karnal vide which application under Section 311 , Cr.P.C ., filed by the petitioner has been declined.

(2.) Facts , in brief, are that petitioner was in possession of area measuring 20 Bighas-03 Biswas of Khasra No. 4500, Kasba Karnal. She had built a house and was residing there. One Balbir Diwan had shown interest in the said property. The petitioner had also filed suit for permanent injunction qua the said property, wherein vide order dated 22.08.2006, the court had granted injunction restraining the defendant from dispossessing her and interfering in her possession. The property was demarcated by the Assistant Collector, 2nd Grade, Karnal, who submitted his report in the civil court. On 06.04.2007, Balbir Dewan, Vikram Rana, respondent no. 2, came with the police and unruly elements and demolished her house and dispossessed her from the property in dispute. She moved a representation, whereon the Additional Deputy Commissioner, Karnal, gave a report dated 18.07.2007, Annexure P-1. On these allegations, FIR No. 482 dated 19.09.2008 was registered under Section 447 , 448 , 427 , 34 , IPC at Police Station City Karnal against respondent no. 2 and others.

(3.) During investigation, it was found that both parties were involved in numerous cases against each other. Final report was submitted before the trial Court and charges were framed against the accused. During the pendency of the trial an application, Annexure P-3, under Section 311 , Cr.P.C . was filed by the petitioner for summoning three witnesses by way of additional evidence. Respondent no. 2 contested the application by filing reply dated 10.10.2013, Annexure P-4. After hearing, the trial court by impugned order dated 03.05.2014, Annexure P-5, dismissed the application.