State vs Surjinderjit Singh CHI-150-2015

Present: Sh. Prabhjot Singh, APP for the state

Respondent/accused on bail with counsel Sh. PS Bassi

Arguments addressed and heard on application filed by

applicant/complainant under Section 311 Code of Criminal Procedure
for summoning witnesses Dinesh Kumar Sharma, Arvinder Singh
and Kamaljeet Kaur (second wife of the accused) in order to prove
the FIR and other connected documents in the interest of justice,
equity and fair play on the ground that the above said witnesses were
specifically mentioned as material prosecution witnesses to the
investigating officer, but they have not been entered in the list of
witnesses in the challan filed in the FIR due to some inadvertent
bonafide mistake of the investigating officer or for reasons best
known to him. These witnesses are the most crucial and material
witneses who can clearly prove the criminal acts of the accused as
they have been very closely associated with him should be examined
by the court in order to prove allegations in the FIR and challan and
for presenting true and correct picture of the events as they happened
in relation to the FIR. No prejudice would be caused to the accused
as the allegations in the FIR and charges are required to be proved
against him. Therefore, he prayed that the instant application be
allowed and above said witnesses be summoned on behalf of
applicant/complainant failing which prosecution case is likely to be
defeated and an illegal advantage will accrue to the accused and it
will result in defeating the ends of justice.
2. Per contra, the present application has been opposed by
the learned counsel for respondent/accused on the ground that since
the petitioners 1, 2 and 3 does not have any locus standi to file the
present petition as the petitioners neither is relative of the alleged in
the present case nor related to any evidence, empirical, anecdotal or
material witness to said case except petitioner 3 Kamalpreet Kaur
mentioned in the petition that has already been testified in trial case
for same cause mentioned herein petition of alleged being second

Harjinder Kaur, Judicial Magistrate 1st Class, SAS Nagar (Mohali).

wife of accused in FIR NO. 48 of 2015 vide session case No. RT14
dated 30.09.2015/26.04.2016 decided on 03.02.2017 where alleged
all allegations stand falsified against accused. As such, no cause of
action has incurred in favour of the petitioner to file present petition
in the present matter except this petition in the present matter except
this petition evidence intent is ultimate but phony justification used
as an excuse to usurp exercise of jurisdiction under Section 311 CrPC
to falsely implicate and procrastinate current case decision after
having gone through all original witness mentioned in the FIR No. 32
of 2015 having failed to prove any guilt or wrong doing by the
accused Surinderjit Singh. With these averments, respondent/accused
prayed for dismissal of the application under reference.
3. This Court has observed that the present application is
filed by the applicant/complainant to summon witnesses Dinesh
Kumar Sharma, Arvinder Singh and Kamaljeet Kaur to prove the FIR
and other connected document. Firstly, the prosecution wants to
examine the said witnesses before the examination of complainant
Taranjeet Kaur. This court has observed that complainant Taranjeet
Kaur has already been examined by prosecution as PW2 on
07.03.2018. The proposed witnesses never accompanied the
complainant and the accused as per the record available then how
they can know anything about the relationship between the
complainant and the accused. Section 311 Code of Criminal
Procedure provided for the power of court to summon material
witness or examine person present and no assistance from this
section can be taken to include new cause of action to the occurrence
already taken place in the year 2015. Therefore, the application
under reference stands dismissed. Let the case be adjourned to
05.07.2018 and PW's mentioned at Sr. No. 5 and 9 in the list of
witnesses be summoned for date fixed.
Dated: 14.06.2018 (Harjinder Kaur)
Nirmala Adhikari JMIC/ SAS Nagar (Mohali)
Next Date: 05.07.2018 UID No.PB0502
Purpose:

Harjinder Kaur, Judicial Magistrate 1st Class, SAS Nagar (Mohali).