JASPAL KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present criminal revision petition is directed against the order dated 27.8.2014 passed by the learned Additional Sessions Judge, Ludhiana, whereby application under Section 311 of the Code of Criminal Procedure ('Cr.P.C.' for short) was allowed, directing the prosecutrix to give her thumb impression, in order to compare the same with the alleged disputed signatures and thumb impressions, on the affidavit.

(2.) Learned counsel for the petitioner submits that the learned trial Court has exceeded its jurisdiction, while passing the impugned order. There was no occasion for the trial Court to pass the impugned order. He further submits that the application under Section 311 Cr.P.C. was moved only with a view to harass and humiliate the prosecutrix. She had already stated that her signatures were obtained on blank paper forcibly and she cannot be forced to give the evidence against herself. Once the similar application was earlier moved, this prayer could have also been made at that very point of time. However, since the learned trial Court has proceeded on a misconceived approach, while passing the impugned order, the same is liable to be set aside. He prays for setting aside the impugned order, by allowing the instant petition.

(3.) On the other hand, learned counsel for the State as well as learned counsel for the private respondents submit that the learned trial Court was well within its jurisdiction, to pass the impugned order. They further submit that the impugned order has been rightly passed, so as to enable the learned trial Court to arrive at a judicious conclusion. Neither any harassment nor any humiliation was sought to be caused to the prosecutrix. The learned trial Court was trying to know the truth with a view to do complete and substantial justice between the parties. It is the duty of every party before the Court to assist the learned courts to know the truth to enable it for doing substantial justice. No prejudice has been caused to the petitioner. They pray for dismissal of the present petition.