RANJIT KAUR Vs. JASWANT SINGH & OTHERS

JUDGEMENT

(1.) Ranjit Kaur-complainant No.1 has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) to assail order 25.01.2013 Annexure P-4 passed by learned Judicial Magistrate, Hoshiarpur, thereby dismissing application Annexure P-2 moved by the complainants (petitioner and respondent No.4) for additional evidence. Petitioner and respondent No.4 have instituted criminal complaint against respondents No.1 to 3 as accused. However, respondent No.3 has been declared as proclaimed offender whereas respondents No.1 and 2 are facing trial.

(2.) Complainants alleged in their application Annexure P-2 that respondent No.3 Harjinder Kaur had affirmed some affidavit regarding return of original power of attorney to the petitioner and the said affidavit was attested by Oath Commissioner Madan Ku, who is, therefore, necessary witness to be examined by the complainants. It was also alleged in the application that Clerk from the office of Deputy Commissioner, Hoshiarpur has been examined as witness by the complainants. He was not the concerned official at the relevant time and, therefore, concerned Clerk from the office of Deputy Commissioner, Hoshiarpur is required to be reexamined with original relevant record with which Varinder Singh the then concerned Clerk has to be confronted and, therefore, both these witnesses are also sought to be examined. The application was opposed by respondents No.1 and 2 by filing reply Annexure P-3. Learned Trial Magistrate vide impugned order Annexure P-4 dismissed the application Annexure P-2 for additional evidence. Feeling aggrieved, complainant No.1 has filed this petition to assail order Annexure P-4.

(3.) I have heard learned counsel for the parties and perused the case file.