Rajiv Sharma, J.

1. This petition is directed against Order dated 21.6.2016 rendered by the learned Chief Judicial Magistrate, Shimla in Case No. 87-2 of 2012.

2. "Key facts" necessary for the adjudication of the present petition are that FIR No. 231/2011 dated 31.10.2011 under sections 448 and 342 IPC was registered. Challan was presented and the Court took cognizance of the offence and summoned the accused persons. Accused were also charged. Prosecution examined the complainant alongwith other witnesses. Statement of Kutub Deen son of Kalamdeen was also recorded. Petitioner filed an application under Section 311 CrPC for recalling Kutub Deen, who was examined as PW-6, for re-examination. According to the averments made in the application, he has given the statement contradictory to the statement made by him before the Court of learned District Judge, Shimla in case titled, Himachal Pradesh Wakf Board vs. Jaspal Singh and others, wherein he was examined as PW-2. He has deposed that Mohd. Tariq and Mohd. Mossin were in possession of the property as sub-tenants under the accused, who had subletted the premises to them. However, while appearing as PW-6 in case No. 87-2/2012,