COLONEL SUDHIR SARDANA Vs. RAM AVTAR AND ORS.

JUDGEMENT

(1.) PRAYER in this petition filed under Section 482 Cr.P.C. is for quashing of order dated 17.1.2014 passed by Chief Judicial Magistrate, Hissar, whereby the application filed by the petitioner under Section 311 CrPC has been dismissed.

(2.) BRIEFLY stated, the petitioner, who is serving in Indian Army, was getting his land cultivated through his servants. Since the petitioner was away from his home, taking benefit of his absence, respondents No. 1 to 4 and other unknown persons trespassed into the land of the petitioner and demolished his house in the fields and also damaged the crops on 3.8.2006. It has been alleged that the respondents are land mafia and have close relations with high -ups in the administration. Petitioner made number of complaints and representations to the authorities and finally, FIR No. 1091 dated 3.12.2006 under Sections 147, 149, 427, 447, 511 IPC was registered at Police Station Sadar Hissar regarding the occurrence dated 3.8.2006.

(3.) IN the aforesaid circumstances, when CW2 Roshan Lal expired during trial and CW3 Parbhu Ram was incapacitated on account of his old age, the petitioner moved an application for summoning Rajesh son of Parbhu Ram and Kuldip son of Bir Singh, brother of Roshan Lal, as they were also present in the fields when the said occurrence had taken place. Mrs. Tushar Sardana had also reached the spot after the telephone call was made to her by the servants.