PARVEEN BHATTI Vs. H.C. SAMUEL DASS

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the complainant petitioner challenging the order dated 6.12.1999 passed by the JMIC, dismissing the applications of the petitioner under Section 311 Cr.P.C., dated 31.8.1999 and 4.11.1999 respectively.

(2.) THE complainant-petitioner had filed a criminal complaint against the accused-respondents under Section 494 IPC. After the summoning of the accused-respondents the case was at the stage of pre-charge evidence. At that stage, the complainant-petitioner moved application under Section 311 Cr.P.C. dated 31.8.1999 for summoning the enquiry file with regard to the enquiry conducted by Narindarpal Sharma, DSP. Another application dated 4.11.1999 was also filed for summoning the record of Saint Fancis High School, Amritsar, by way of additional evidence. After hearing both sides, the learned Magistrate dismissed the applications filed by the complainant-petitioner, vide order dated 6.12.1999. Aggrieved against the said order, the complainant has filed the present petition under Section 482 Cr.P.C. in this Court. Notice of motion was issued to accused-respondents. As per the office report, service was complete. However, no one has appeared on behalf of the respondents.

(3.) THE application dated 31.8.1999, under Section 311 Cr.P.C., was dismissed by the learned Magistrate on the ground that inquiry file had already been brought by CW-4 Shiv Kumar, Clerk of the office of SSP and no case was made out for summoning the file once again. The second application dated 4.11.1999 was dismissed on the ground that Smt. Sheela accused-respondent had already admitted about the termination order dated 7.3.1999.