KHILA RAM Vs. RAI SINGH AND OTHERS

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 20.02.2014, passed by learned Chief Judicial Magistrate, Panchkula (Annexure P-2) in complaint No.505/1 dated 29.04.2005/01.10.2011 (Annexure P-1), whereby the pre charge evidence of the petitioner/complainant has been closed by the Court order.

(2.) Learned counsel for the petitioner contends that a complaint under Sections 467, 468, 420, 471 and 120-B of the Indian Penal Code was filed on 29.04.2006, against respondents No.1 to 3 regarding the challenge of the will dated 12.05.2005, executed by Satpal brother of the complainant-petitioner which was prepared by accused-respondents No.1 to 3 in connivance with each other while Satpal was admitted as indoor patient at Civil Hospital, Sector 6, Panchkula from 04.05.2005 till 17.05.2005.

(3.) It is further contended that the petitioner inadvertently made a statement on 22.08.2013, before the trial Court regarding closing of pre charge evidence and an application under Section 311 of Cr.P.C. for leading additional evidence was moved . Learned counsel for the petitioner on 24.01.2014, brought the fact to the notice of the Court of learned JMIC that Lajja Ram husband of Smt. Pallo Devi respondent No.2 had been appearing but the summon was inadvertently issued to Lajja Ram instead of respondent No.2 and this mistake was rectified on the abovesaid date.