HARDIP SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 05.01.2018 (Annexure P13) passed by the Sub-Divisional Judicial Magistrate, Batala, vide which the application filed by the petitioner under Section 311 Cr.P.C. has been dismissed.

(2.) Brief facts of the case are that the petitioner has filed an application under Section 311 Cr.P.C. for summoning of official In-charge of Finger Print Bureau, Phillaur as substitute to the prosecution witness, namely, Gurmit Singh as he had retired from service and the other witness has settled abroad. The application filed by the petitioner was opposed by the accused persons on the ground that charges were framed against them on 25.10.2013 and, thereafter, many opportunities were granted to the prosecution to conclude its evidence and finally it was closed by order vide order dated 05.08.2015.

(3.) It would be relevant to mention here that prior to passing of this order, the prosecution was granted last opportunity and the petitioner has also moved an application under Section 311 Cr.P.C. which was allowed allowed vide order dated 05.08.2015 (Annexure P3) and some witnesses were ordered to be summoned and examined. Since the service of the summons could not be effected, the petitioner filed a petition bearing CRR3255-2015 which was allowed vide order dated 29.03.2016 (Annexure P6) granting one more opportunity to the prosecution to take dasti summons of all the witnesses and produce them before the Court without any further delay. It was also observed in the order that no further opportunity shall be granted.