AVTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Cr.PC for quashing the order dated 18.1.2014 (Annexure P-4) in FIR No.150 dated 2.11.2007 under Sections 452, 323, 506, 148, 149 IPC registered at Police Station Machhiwara, District Khanna (Section 325 added and Section 323 deleted later on), whereby the Judicial Magistrate 1st Class had dismissed the application filed under Section 311 Cr.PC (Annexure P-3) moved by learned APP for the State.

(2.) Through the application, the petitioner-complainant seeks summoning of the investigating officer, namely, ASI Gurbachan Singh who was not examined by the trial Court and evidence of the prosecution was closed without considering the report (Annexure P-2) dated 10.7.2013. Vide Annexure P-2, summons were issued to ASI Gurbachan Singh for his appearance on 15.7.2013 and on the said summons, he had reported that he was already bound down for evidence in the Court of Sh. Harpreet Singh, PCS, Judicial Magistrate 1st Class in case FIR No.61 of 2009 under Section 379 IPC, Police Station, Kharar for the said date. Accordingly, it was requested that he may be given some other date for appearance.

(3.) The application under Section 311 Cr.PC filed by the learned APP for the State refers to an averment that the said witness is a material witness and the investigating officer in the case and, therefore, his presence is essential for the just decision of the case.