SHEO RAM AGGARWAL Vs. DHARAM PAL

JUDGEMENT

(1.) PRAYER is made in the instant petition under Section 482 Cr.P.C. by invoking inherent jurisdiction of this Court for quashing the impugned order dated 26.05.2014 (Annexure P -5) passed by learned Judicial Magistrate Ist Class, Hisar, whereby application under Sections 246(6) and 311 Cr.P.C. for summoning and examining essential witness, namely; Zile Singh, has been dismissed.

(2.) THE matter arises out of a private complaint filed by petitioner against the respondent. The petitioner is a practicing advocate for 40 years and respondent the husband of sister of his wife. The respondent was owner of a plot which the petitioner -complainant purchased vide agreement dated 01.09.1994. There was a shop/construction already existing on the plot. The petitioner gave this plot to Pujari of the temple/care taker of Dharamshala for stacking fodder.

(3.) IT was stated that the petitioner examined all his witnesses before summoning. Pre -charge evidence was also led after the respondent appeared in the Court. The trial Court then framed charge against the respondent. It is further contended that after the parties adduced their respective evidence, it came to the notice of petitioner that one of the essential witness, namely; Zile Singh son of Chandi Ram an attesting witness to the agreement to sell could not be inadvertently examined. It was further contended that in the preliminary evidence before summoning of the respondent, the said witness had been produced.