SANJAY SINGLA Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ( in short 'the Cr.P.C') for quashing the order dated 17.11.2009 passed by the learned Judicial Magistrate, 1st Class, Chandigarh vide which the application of the prosecution under Section 311 Cr.P.C.for summoning Ravi, Jagar Ram and Manjit Singh in the additional evidence of the prosecution was allowed.

(2.) Nitin Khanna, the son of Satish Khanna, has died as a result of injuries suffered in the road side accident which occurred on 11.10.2006 due to alleged rash and negligent driving of Maruti Car No.DL-8C-5093 by the petitioner.

(3.) During the trial, the prosecution moved an application under Section 311 Cr.P.C for summoning Ravi, Jagar Ram and Manjit Singh as the prosecution witnesses alleging therein that Satish Khanna, the father of the deceased, has told the name of said witnesses to the Investigating Officer. However, later on he met with an accident. His wife fell ill. So, he could not pursue the case properly with the Investigating Officer. The said Investigating Officer also did not properly investigate the case. The examination of the aforesaid witnesses is essential for the just decision of the case.