HARINDER SINGH Vs. MUNI LAL AND ORS.

JUDGEMENT

(1.) The instant petition is directed against the order dated 09.03.2011 (Annexure P-4) passed by the learned Judicial Magistrate 1st Class, Fatehgarh Sahib, vide which the application moved by the petitioner under Sec. 311 Cr.P.C for summoning the record of Police Station Khamanon i.e.Register No.19 with regard to Ex.C-7, was dismissed.

(2.) Learned counsel for the petitioner vehemently contended that so far as the preparation of inventory (Annexure P-5) which is Ex.C-7 on the record of the learned trial Court, is concerned, there is no dispute that it was prepared by respondent No.4 Balwinder Singh ASI, who was posted at Police Station Khamanon at the relevant point of time. He further submits that once the preparation of inventory is admitted, it would be ascertained only from the perusal of Register No.19, whether this inventory was recorded by respondent No.4 in the police record i.e. Register No.19, meant for this purpose. Learned counsel for the petitioner also submits that no prejudice of any kind, whatsoever, is going to be caused to the respondents in case Register No.19 from Police Station Khamanon is summoned for the perusal of the Court.

(3.) Notice of motion was issued.