STATE OF PUNJAB Vs. RAMA NAND

JUDGEMENT

(1.) State of Punjab has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) thereby assailing order dated 27.3.2012, Annexure P/2 passed by learned Sub Divisional Judicial Magistrate, Zira thereby dismissing application Annexure P/1 moved by the State under section 311 Cr.P.C. for examining Jawahar Lal Aggarwal, Advocate, Zira, N.K.Aggarwal, Advocate, Zira, Malkeet Singh and Jaswant Singh.

(2.) Respondent-accused was posted as Steno in Judicial Court at Zira. Mr. Jawahar Lal Aggarwal, Advocate representing plaintiff in a civil suit made application regarding tampering of original agreement in the civil suit file. Learned Sub Divisional Judicial Magistrate, Zira held preliminary enquiry in which he recorded statements of Mr. Jawahar Lal Aggarwal, Advocate (representing the plaintiff) and Mr. N.K.Aggarwal, Advocate (counsel for defendant of the said civil suit). It was concluded in the preliminary enquiry that respondent-accused had given the file of the civil suit to some other person and original agreement was tampered with in the presence of respondent-accused. Thereupon, Sub Divisional Judicial Magistrate got the FIR registered. Malkeet Singh and Jaswant Singh are said to be marginal witnesses of the agreement in question. In the aforesaid circumstances, application Annexure P/1 was moved for examining the aforesaid four witnesses who were not mentioned in the list of witnesses.

(3.) Pursuant to order of the preceding date, Hardev Singh, Deputy Superintendent of Police (Supervisory Officer of the concerned Police Station) is present along with SI Jagdish Lal.