DARSHAN SINGH Vs. GURDEV SINGH AND OTHERS

JUDGEMENT

(1.) The conspectus of the facts and material which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record, is that initially in the wake of complaint of petitioner-complainant Darshan Singh son of Amar Singh (for brevity 'the complainant'), a criminal case was registered against the accused-private respondents vide FIR No.139 dated 19.05.2008 for the commission of offences under Sections 323, 452, 506 and 34 IPC by the police of Police Station Sadar, Jalandhar.

(2.) After completion of the investigation, the police submitted the final police report (challan) against the accused to face the trial of pointed offences in the Court and the case was slated for evidence of the prosecution.

(3.) During the pendency of the case, the complainant through Public Prosecutor moved an application under Section 311 Cr.P.C. for additional evidence, which was stated to have been illegally withdrawn by the Public Prosecutor for the reasons best known to him, at the back of the complainant. It was claimed that during the course of examination-in-chief of the petitioner, the defence counsel started putting questions with regard to the pointed application and partition of the joint property. He has also confronted him with the investigation report and with those statements of the witnesses which were not even on the file, which necessitated the complainant to file the present application (Annexure P-3) under Section 311 Cr.P.C. for summoning the witnesses and the reports of the police officials, depicted therein. The private-respondents/accused refuted his claim and filed the reply. The trial Court dismissed the application in terms of impugned order dated 17.01.2012 (Annexure P-1). The revision petition filed by him was dismissed as well by the revisional Court through the medium of impugned order dated 08.10.2012 (Annexure P-6).