SHRI MOHD. TARIQ Vs. JASPAL SINGH AND OTHERS

JUDGEMENT

(1.) This petition is directed against Order dated 21.6.2016 rendered by the learned Chief Judicial Magistrate, Shimla in Case No. 87-2 of 2012.

(2.) Key facts necessary for the adjudication of the present petition are that FIR No. 231/2011 dated 31.10.2011 under sections 448 and 342 Penal Code was registered. Challan was presented and the Court took cognizance of the offence and summoned the accused persons. Accused were also charged. Prosecution examined the complainant along with other witnesses. Statement of Kutub Deen son of Kalamdeen was also recorded. Petitioner filed an application under Sec. 311 Crimial P.C. for recalling Kutub Deen, who was examined as PW-6, for reexamination. According to the averments made in the application, he has given the statement contradictory to the statement made by him before the Court of learned District Judge, Shimla in case titled, Himachal Pradesh Wakf Board Vs. Jaspal Singh and others , wherein he was examined as PW-2. He has deposed that Mohd. Tariq and Mohd. Mossin were in possession of the property as sub-tenants under the accused, who had subletted the premises to them. However, while appearing as PW-6 in case No. 87-2/2012, he has resiled from his previous statement which was made by him on 19.11.2014. He has given false statement, intentionally and deliberately, while appearing as PW-6. Thereafter, complainant engaged another counsel of his choice to assist the learned Public Prosecutor and instructed him to file an application for reexamination of the witness to confront him with his earlier statement.

(3.) Application was contested by the accused. According to the averments made in the reply, applicant has no locus standi to file the application. Learned District Attorney has not authorised him to file the application. PW-6 Kutub Deen has not made any contradictory statement.