- (1.)The petitioners are facing trial in the charge sheet, titled, State vs. Mohkam Din and others, pending before the Court of Special Excise Moble Magistrate, Jammu (hereinafter to be referred as the trial court) for commission of offences under Sec. 452, 323, 325, 427, 336 and 149 RPC.
(2.)The brief facts as narrated in the petition are that the prosecution evidence was closed and after recording the statements of the petitioners under sec. 342 Cr.P.C, the case was fixed for arguments as the petitioners did not examine any witness in their defence. It is further stated that when the counsel for the petitioners was preparing the case, it came to his notice that complainant-Qasim Din in his statement has stated that he had lodged an oral complaint in the Police Station, Bahu Fort, Jammu with respect to the alleged incident, however, according to the complainant, no action was taken by the Police on the said complaint. The counsel for the petitioners asked the petitioners to verify from the said Police Station as to what happened to the said complaint lodged by the petitioners on 3/3/2007 and the petitioners got the knowledge that oral complaint was registered and the investigation was entrusted to the Incharge Police Post, Narwal Jammu and thereafter, complaint under sec. 107/117 Cr.P.C. was filed before Executive Magistrate on 16/3/2007. It was also revealed that the said complaint was dismissed and consigned to the records.
(3.)Thereafter, the petitioners approached this Court under sec. 561- A Cr.P.C. for directing the trial court to allow them to place on record certain documents and summoning the witnesses like complainant, the then SHO Police Station, Bahu Fort and Investigating Officer in FIR No. 69/2007. However, the said petition was dismissed by this Court with a liberty to the petitioners to lay a motion before the trial court. Thereafter, the petitioners filed an application under sec. 540 Cr.P.C. before the learned trial court for permission to place on record copy of the complaint presented before the Executive Magistrate, Jammu with regard to the alleged incident stated to have occurred on 2/3/2007 and for calling SHO Police Station, Bahu Fort, Investigating Officer of FIR No. 69/2007 dtd. 3/4/2007 lodged with the Police Station, Bahu Fort and the complainant-Qasim Din.