Gurbachan Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR No. 934 of 2015 Date of decision : 17.03.2015 Gurbachan Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.P.S Sidhu, Advocate for the petitioner. RAJAN GUPTA J.

Present revision petition is directed against the order passed by trial court whereby application moved by complainant for leading evidence under section 311 Cr.P.C. has been rejected. Learned counsel for the petitioner has vehemently argued that civil court has passed a decree in favour of the complainant injuncting the accused from interfering in his possession. Said decree is relevant for just decision of the case. Thus, trial court has erred in rejecting the application under section 311 Cr.P.C.

I have heard learned counsel for the petitioner. I am not convinced with the arguments raised. Admittedly, case pending before the Magistrate is under sections 308, 326, 325, 324, 323, 148 & 149 IPC. It is inexplicable how a decree of the civil court would have any relevance in a case of this nature. I, thus, do not find any fault with the order passed by the trial court. Trial is at its fag end. No ground for interference in revisional jurisdiction is made out. Dismissed. March 17, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.03.17 16:23 I attest to the accuracy and authenticity of this document