BALDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of order dated 26.02.2018 (Annexure P/4) and order dated 17.03.2018 (Annexure P/9) whereby applications (Annexure P/5 and P/6) filed by the petitioner under Section 311 Cr.P.C. have been declined by learned Judicial Magistrate Ist Class, Ludhiana in case bearing FIR No. 339 dated 12.11.2014 (Annexure P/1) under Sections 448, 427, 506, 34, 457, and 380 IPC registered at Police Station Focal Point, District Ludhiana City.

(2.) Facts relevant for the purpose of decision of the present petition; the present litigation is at the instance of Baldev Singh, complainant, who had taken a shop on rent on 1.3.1995 from Gurdial Kaur. The shop was got repaired by the complainant on 10.11.2014 and the same was locked from outside on 11.11.2014. On 12.11.2014 at about 6.00 AM, the locks of the shop were broken and the material was thrown out of the shop. Respondent no. 2 alongwith his wife entered the shop with the help of other persons to take possession of the shop and FIR, Annexure P/1, was lodged by the complainant on 12.11.2014.

(3.) Learned counsel for the petitioner-complainant contended that an application, Annexure P/5 was filed under Section 311 Cr.P.C. for recalling the witnesses, namely, Investigating Officer ASI Dharminder Singh, Owner of S.S. Marketing Company and Owner of Easter Manufacturing and another application, Annexure P/6 was filed for summoning Tejinder Singh as a witness, under Section 311 Cr.P.C. in the above mentioned case. However, learned trial Judge has completely ignored the fact that the aforesaid were material witnesses and their deposition was essential for the just decision of the case, and passed the impugned orders, Annexure P/4 and P/9 declining the said applications.