- (1.) Heard learned counsel for the petitioners and learned A.G.A.
(2.) Feeling aggrieved with the order dated 13.4.2011, this petition has been filed.
(3.) Submission of learned counsel for the petitioners is that the person, who is shown to be dead, is very much alive and his statement has not been recorded and neither statements of Shiv Kumar and Rampreet, who are the marginal witnesses, have been recorded. The charge sheet has been filed by recording statements of several persons, who were not eye witnesses but the learned Magistrate after going through the record and the evidence collected during the course of investigation came to the conclusion that prima facie, offence against the petitioners was made out, therefore, he proceeded to reject the application moved under Section 239 Cr.P.C.;