- (1.) The instant criminal revision has been filed under Section 401 of the Code of Criminal Procedure challenging the order dated 17.09.2011 passed by the learned Judicial Magistrate Ist Class, Rajpura, whereby the pre-charge evidence of the complainant-petitioner has been closed in a pending complaint case titled "Udhai Singh and another vs. Dev Raj and others", under Sections 323, 324, 325, 452, 148, 149 and 34 IPC.
(2.) Brief material facts of the case are that the petitioner and another complainant have filed a complaint against the respondents under the aforesaid sections and the pre-charge evidence of the petitioner- complainant was being recorded. They have sought the assistance of the Court for summoning Dr. Dalal Singh for proving the MLR and MHC of PS Lalru for proving the relevant record which was summoned from the police station. For that purpose, diet money was deposited and the said witnesses were summoned for 17.09.2011 and were also served, as is clear from Annexure P/2 (service effected on MHC) and Annexure P/3 (service effected on the doctor). At the back of the summon (Annexure P/3) doctor has mentioned that he is on duty in a camp on 17.09.2011 which he had already noted down and in public interest he has sought next date. In spite of deposit of the diet money and due service of the summoned witnesses, the evidence of the petitioner was closed vide order dated 17.09.2011. Hence, this criminal revision.
(3.) I have heard the learned counsel for the parties and perused the record.;