- (1.) The petitioner by means of this petition under section 482, Cr. P.C. seeks quashing of order Annexure P-1 passed by C.J.M. Sirsa.
(2.) The petitioner is a complainant against the respondent who is a police officer. One of the witnesses is Constable Prem Singh who is not being served. The complainant had supplied address and registered letter was sent, but it appears that no report of service was received. The learned C.J.M. then while adjourning the case for evidence gave a direction that the complainant should take the summons dasti and also produce his other evidence on the next date.
(3.) The argument of the learned counsel that the complainant could not be forced to take the summons dasti and rather the Court should have exercised its power to enforce the presence of Constable Prem Singh has force. The petitioner had done the needful in furnishing the registered cover and also the address of the witness and if the witness was not available, it was the duty of the learned C.J.M. to have used coercive methods for production of that witness. The order Annexure P-1 in this situation, is not legally justified.;