JASBIR KAUR Vs. MUKHTIAR KAUR

JUDGEMENT

(1.) FEELING aggrieved against the order dated 03.03.2015 passed by the learned Special Judge, Sangrur, allowing an application under Section 311 of the Code of Criminal Procedure ('Cr.P.C.' for short), summoning two witnesses for examination, petitioners have approached this Court by way of instant petition under Section 482 Cr.P.C.

(2.) LEARNED counsel for the petitioners submits that learned Special Judge, Sangrur has misdirected himself while passing the impugned order. He further submits that Sukhpal Singh son of Atma Singh and Mithu Singh son of Lal Singh were not required to be summoned and examined. Application under Section 311 Cr.P.C., moved by the learned Addl. P.P. for the State, was liable to be dismissed. He next contended that a serious prejudice has been caused to the petitioners by allowing the application under Section 311 Cr.P.C. by passing the impugned order. In support of his contentions, learned counsel for the petitioners places reliance on a judgment of this Court in Harnam Singh Vs. M/s Bhushan Metallics Ltd., 2007 1 RCR(Cri) 992.

(3.) HE prays for setting aside the impugned order passed by Special Judge, Sangrur, by allowing the present petition.