JUDGEMENT
TEJINDER SINGH DHINDSA, J. -
(1.) THE instant petition has been filed under Section 482 of the Code of Criminal Procedure seeking the quashing of order dated 5.4.2012 at
Annexure P1 passed by the Sessions Judge, Ferozepur to the extent that
directions have been issued for notice to be issued to the petitioner as
also another under Section 344 of the Code of Criminal Procedure to show
cause as to why they be not punished for giving false evidence in the
Court. Further challenge is to the notice under Section 344 of the Code
of Criminal Procedure dated 1.10.2013 at Annexure P4 that has been issued
in pursuance to the impugned order dated 5.4.2012, Annexure P1.
(2.) LEARNED counsel for the petitioner has been heard at length and the case paper book has been perused.
A perusal of the impugned order would reveal that the petitioner, namely Jugraj Singh son of Karam Singh had appeared as a prosecution
witness and had, later on, resiled from his earlier statement made by him
in the complaint before the Court of the jurisdictional Magistrate and as
a consequence thereupon, accused Natha Singh, Jagsir Singh, Bohar Singh
and Jaj Singh had been acquitted of the charges framed against them for
offences under Section 307 read with Section 34 of the Indian Penal Code
and Sections 25/27/54/59 of the Arms Act. In the impugned order, it has
further been noticed that during cross -examination by the Public
Prosecutor, the petitioner/complainant had stated that he had filed the
complaint before the Magistrate and he had seen such statement on the
Court file and it bears his signatures. Petitioner had further stated
that he had made a statement before the Court of Judicial Magistrate Ist
Class, Ferozepur on 15.3.2008 which also bears his signatures. Petitioner
had even volunteered that he had made the complaint at the instance of
the people of the village because of party faction. Same reason was
assigned as regards making statement in the Court of Judicial Magistrate
Ist Class.
(3.) LEARNED counsel has not been able to rebut the aforenoticed factual position as has been noticed by the Sessions Judge, Ferozepur in the
impugned order dated 5.4.2012. The impugned order, as such, does not
suffer from any perversity.;
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