(1.) By way of this petition, the petitioner has challenged the order passed by the Court of learned Judicial Magistrate 1st Class, Chachiot at Gohar in Private Complaint No. 221-1-2013, dated 20.02.2016, vide which learned Court below has dismissed an application filed under Section 311 of the Code of Criminal Procedure by the present petitioner/complainant.
(2.) A perusal of the impugned order demonstrates that learned Court below has rejected the application so filed by the present petitioner on the ground that the applicant has not been able to make out as to what was the relevance of the documents as well as the evidence of the witnesses which the complainant intended to examine. Learned trial Court also held that provisions of Section 311 of the Code of Criminal Procedure could not be invoked to fill up the lacunae. Learned trial Court further held that it was for the complainant to plead in the application as to what was the need of examination of these witnesses and there was nothing specific mentioned in the application qua the requirement of examining these witnesses. On these bases, learned trial Court dismissed the application so filed by the present complainant by holding that the application so filed on the basis of averments made therein was not tenable.
(3.) During the course of arguments, Ms. Leena Guleria, learned counsel appearing for the petitioner submitted that the complainant be permitted to examine witnesses, as were prayed by way of application which has been dismissed, in the interest of justice and no prejudice in fact shall be caused to the respondents in case the witnesses are permitted to be examined and rather, it will be in the interest of justice, as the same would enable the learned trial Court also to arrive at a fair and just decision in the matter.