SATWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in the present petition is to the order dated 28.2.2006 passed by learned Judicial Magistrate Ist Class, Ludhiana whereby the application filed by the petitioner accused under Section 294 Cr. P.C. for direction to the prosecution for admission and denial of the documents detailed in the application before hearing arguments on charge was dismissed. Heard learned counsel for the State.

(2.) BRIEFLY , the facts are that the petitioners are accused in FIR No. 50 dated May 21, 2003 registered at Police Station Dakha, District Ludhiana under Sections 379/427/506 IPC. The application under Section 294 Cr.P.C. was filed after the presentation of the challan with the allegations that the documents, the admission and denial of which was sought, are relevant for the purpose of consideration of the case for charge as the investigating agency-prosecution had failed to take the same into consideration. Along with the application sale deed, the order passed by the court and the pleadings therein were annexed. The Court did not find any merit in the contentions raised by learned counsel for the petitioners and vide impugned order dated February 28, 2006 dismissed the same with the following observations :-