MANDEEP SINGH BAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., challenge has been made to an order dtd. 9/12/2022 (Annexure P-5) passed by the Court of learned Chief Judicial Magistrate, Amritsar, whereby, an application filed at the instance of the petitioner, invoking Sec. 311 Cr.P.C., has been dismissed.

(2.) The facts of the case are that respondent No.2 herein is facing the trial in pursuance to registration of FIR No.39, dtd. 10/2/2016, under Ss. 452, 323, 427 and 34 IPC, got registered at the instance of present petitioner. The investigation in the present case concluded way-back in the year 2017 and since then, respondent No.2 is facing trial.

(3.) During trial, on 16/11/2022, while it was pending for recording of defence evidence, the petitioner moved an application under Sec. 311 Cr.P.C. for summoning of witnesses, namely, Seema Bhatia, Satbir Singh and Sukhraj Singh, stating them to be present at the time of occurrence and having seen the private respondent No.2, besides, others two. The prayer made in the aforesaid application was opposed, at the instance of respondent No.2, besides the other two named as accused in the FIR, by filing their objections. The trial Court vide order dtd. 9/12/2022, rejected the prayer made by the petitioner and dismissed the application.