ANGREZ SINGH Vs. SHER SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of order dated 19.11.2009 passed by Additional Chief Judicial Magistrate, Karnal and order dated 21.02.2011 passed by Sessions Judge, Karnal, whereby the evidence of the Petitioner has been ordered to be closed and the Respondent has been discharged.

(2.) FIR No. 133 of 1998 under Sections 323, 379, 411 and 506 of the Indian Penal Code and under Section 25 of the Arms Act was registered against the Respondent. After investigation, the cancellation report was submitted. The Petitioner raised objections and the complaint was treated as protest petition. After recording preliminary evidence, the Respondents were summoned by the Magistrate vide order dated 11.05.2009. Thereafter, the Petitioner was given three opportunities to record his pre -charge evidence. The Petitioner did not record any pre - charge evidence and as such, the evidence of the Petitioner was closed and the Respondent was discharged. Aggrieved with the same, the Petitioner filed revision petition. The said revision petition was dismissed by the Sessions Judge, Karnal vide order dated 21.02.2011. Still dissatisfied, the Petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure challenging the impugned order dated 19.11.2009 passed by Additional Chief Judicial Magistrate, Karnal and order dated 21.02.2011 passed by Sessions Judge, Karnal, whereby the evidence of the Petitioner has been ordered to be closed and the Respondent has been discharged.

(3.) HEARD .