A.S.Nehra, J. - (1.) This revision petition is directed against the order dated 9.2.1991 passed by the Judicial Magistrate 1st Class, Amritsar by which the application of the petitioner filed under section 311 of Criminal Procedure Code was declined.
(2.) The petitioner filed an application under section 311 of Criminal Procedure Code for permission to lead additional evidence. In the application, it was mentioned by the petitioner that now it has come to the knowledge of the complainant that accused Meena Amandeep Kaur wife of accused Amarik Singh son of Dasonda Singh has given birth to a baby at Chopra Nursing Home, Ludhiana and this fact was not earlier known to the complainant. Therefore, she could not lead evidence on this point. So, it is in the interest of justice that the following witnesses may be allowed to be summoned and examined in the evidence of the complainant: (i) Clerk-Incharge from the Office of the Additional Local Registrar, Births & Deaths Municipal Corpn., Ludhiana, alongwith the record pertaining to birth bearing registration No. 4645 dated 20.7.1989 pertaining to the birth of baby (ii) Clerk-Incharge from the Office of Chopra Nursing Home, near Sabzi Mandi, Ludhiana along with the entire record of the Hospital pertaining to the birth dated 11.7.1989, treatment, operation notes, bed-head ticket etc. of Smt. Amandeep Kaur w/o Amrik Singh s/c Dashonda Singh.
(3.) The petitioner further mentioned in the application that since fresh facts have been revealed, it is essential to lead evidence on this point to enable the Court to arrive at just decision.;