DHIRAJ MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A petition under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") was filed by the petitioner for quashing of order dated 03.10.2013 passed by Judicial Magistrate Ist Class, Ludhiana, vide which application dated 26.07.2013 filed by the complainant/ respondent No.2 under Section 311 Cr.P.C. in case First Information Report No.46 dated 21.05.2009 under Sections 279 and 304 -A of the Indian Penal Code (in short, "I.P.C.") registered at Police Station Division No.3, Ludhiana had been allowed.

(2.) THE petitioner is facing prosecution in the criminal case, particulars of which have been mentioned above. While the case was at the stage of recording prosecution evidence, complainant -respondent No.2 filed an application under Section 311 Cr.P.C. on 26.07.2013 seeking permission to summon and examine concerned Clerk of the Record room Sessions Court, Ludhiana and Shri Rattan Kumar, the then Reader of the Court of Shri Paramjit Singh, M.A.C.T., Ludhiana, for proving the statement made by the petitioner (Dhiraj Mital) who had appeared as DW1 in the MACT case no.45 dated 11.08.2009 titled 'Mamta Malhotra and others vs. Dhiraj Mittal etc.' decided on 04.08.2012.

(3.) A written reply was filed by the petitioner opposing the application, however, vide the impugned order dated 03.10.2013 learned Magistrate allowed the application.