COLONEL SUDHIR SARDANA Vs. RAM AVTAR AND ORS.
LAWS(P&H)-2015-5-54
HIGH COURT OF PUNJAB AND HARYANA
Decided on
May 11,2015
Colonel Sudhir Sardana
Appellant
VERSUS
Ram Avtar And Ors.
Respondents
Referred Judgements :-
TALAB HAJI HUSSAIN VS. MADHUKAR PURSHOTTAM MONDKAR [REFERRED TO]ZAHIRA HABIBULLA H SHEIKH VS. STATE OF GUJARAT [REFERRED TO]
ZAHIRA HABIBULLAH SHEIKH VS. STATE OF GUJARAT [REFERRED TO]
KALYANI BASKAR VS. M S SAMPORNAM [REFERRED TO]
VIJAY KUMAR VS. STATE OF U P [REFERRED TO]
SUDEVANAND VS. STATE THROUGH CBI [REFERRED TO]
GYANENDRA KUMAR RAWAT VS. STATE OF U.P. [REFERRED TO]
RAJARAM PRASAD YADAV VS. STATE OF BIHAR [REFERRED TO]
JUDGEMENT
Hari Pal Verma, J. -
(1.)PRAYER in this petition filed under Section 482 Cr.P.C. is for quashing of order dated 17.1.2014 passed by Chief Judicial Magistrate, Hissar, whereby the application filed by the petitioner under Section 311 CrPC has been dismissed.
(2.)BRIEFLY stated, the petitioner, who is serving in Indian Army, was getting his land cultivated through his servants. Since the petitioner was away from his home, taking benefit of his absence, respondents No. 1 to 4 and other unknown persons trespassed into the land of the petitioner and demolished his house in the fields and also damaged the crops on 3.8.2006. It has been alleged that the respondents are land mafia and have close relations with high -ups in the administration. Petitioner made number of complaints and representations to the authorities and finally, FIR No. 1091 dated 3.12.2006 under Sections 147, 149, 427, 447, 511 IPC was registered at Police Station Sadar Hissar regarding the occurrence dated 3.8.2006.
During the trial, the petitioner, in addition to his own examination, examined Roshan Lal as CW2 and Parbhu Ram as CW3, who were his servants and also eyewitnesses to the occurrence. After recording the preliminary evidence, respondents No. 1 to 4 were ordered to be summoned vide order dated 24.2.2011. However, during the pendency of the complaint, Roshan Lal -CW2, who was to be examined on pre -charge evidence, expired, whereas Parbhu Ram son of Birbal, who was too old and hard of hearing, was produced in Court as a witness on 12.12.2013, but was unable to depose and understand the Court proceedings.
(3.)IN the aforesaid circumstances, when CW2 Roshan Lal expired during trial and CW3 Parbhu Ram was incapacitated on account of his old age, the petitioner moved an application for summoning Rajesh son of Parbhu Ram and Kuldip son of Bir Singh, brother of Roshan Lal, as they were also present in the fields when the said occurrence had taken place. Mrs. Tushar Sardana had also reached the spot after the telephone call was made to her by the servants.
(2.)BRIEFLY stated, the petitioner, who is serving in Indian Army, was getting his land cultivated through his servants. Since the petitioner was away from his home, taking benefit of his absence, respondents No. 1 to 4 and other unknown persons trespassed into the land of the petitioner and demolished his house in the fields and also damaged the crops on 3.8.2006. It has been alleged that the respondents are land mafia and have close relations with high -ups in the administration. Petitioner made number of complaints and representations to the authorities and finally, FIR No. 1091 dated 3.12.2006 under Sections 147, 149, 427, 447, 511 IPC was registered at Police Station Sadar Hissar regarding the occurrence dated 3.8.2006.
During the trial, the petitioner, in addition to his own examination, examined Roshan Lal as CW2 and Parbhu Ram as CW3, who were his servants and also eyewitnesses to the occurrence. After recording the preliminary evidence, respondents No. 1 to 4 were ordered to be summoned vide order dated 24.2.2011. However, during the pendency of the complaint, Roshan Lal -CW2, who was to be examined on pre -charge evidence, expired, whereas Parbhu Ram son of Birbal, who was too old and hard of hearing, was produced in Court as a witness on 12.12.2013, but was unable to depose and understand the Court proceedings.
(3.)IN the aforesaid circumstances, when CW2 Roshan Lal expired during trial and CW3 Parbhu Ram was incapacitated on account of his old age, the petitioner moved an application for summoning Rajesh son of Parbhu Ram and Kuldip son of Bir Singh, brother of Roshan Lal, as they were also present in the fields when the said occurrence had taken place. Mrs. Tushar Sardana had also reached the spot after the telephone call was made to her by the servants.
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