JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is facing a trial for the commission of offence punishable under Ss. 325/34 IPC is aggrieved of the order, dtd. 21/2/2025, passed by the Court of learned Judicial Magistrate 1st Class, Ludhiana, herein after being referred to as trial Court only. By virtue of abovementioned order, hereinafter being referred to as impugned order only, the application moved by the petitioner under Sec. 311 Cr.P.C. has been dismissed.

(2.) It has been contended on behalf of petitioner that in the present case the petitioner is facing trial for the commission of above-mentioned offence and that during the course of trial when the witnesses were crossexamined by the petitioner, he was not aware of the fact that application No.641866, which is the subject matter of current FIR was not on record and therefore, the petitioner could not cross-examine the above named prosecution witness qua abovementioned aspect. It has also been contended on behalf of petitioner that the above-mentioned witness, i.e PW-5, has wrongly removed certain other documents from the case file, and that, later on, with the help of information received under RTI Act, he has came to know that certain documents which were relevant, had been collected by the Investigating Officer, but he did not refer those documents it in the final report. According to complainant since the above-mentioned documents are necessary to unearth the truth, he wanted to further cross-examine the PW-5 and for that purpose he moved the application under Sec. 311 Cr.P.C., but the same has been dismissed.

(3.) Heard.