JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 26.07.2012 (Annexure P -1) passed on the application (Annexure P -2) filed under Section 311 Cr.P.C. The application was filed by Jasbir Kaur through the Public Prosecutor in FIR No.62 dated 18.05.2010, registered at Police Station Ropar, under Section 306 IPC.

(2.) THE facts that unfold from the record are that Jasbir Kaur, mother of Kamal Deep Kaur had lodged a report with the police against Amit Vohra who is accused of abetting the suicide. The police investigated the complaint and filed a report under Section 173 Cr.P.C. against the accused.

(3.) CHARGE had been framed and the statement of Jasbir Kaur PW3 complainant was recorded. Thereafter the complainant filed an application under Section 311 Cr.P.C. for summoning Jasleen Kaur, daughter of the complainant as additional witness on the plea that the deceased Kamal Deep Kaur used to confide in her sister Jasleen and had intimated to her that the accused Amit Vohra had sexually exploited the deceased on the promise of marriage and Jasleen had the information about the incident and she had made a statement to the police but the police did not record it and had not taken any action and for the just decision of the case, it was necessary that Jasleen be summoned as a prosecution witness.