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2023 Supreme(P&H) 1540

KARAMJIT SINGH
Sham Lal Thukral – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties :Mr. Baltej Singh Sidhu Senior, Advocate, Mr. Divij Dutt, Mr. C.L. Pawar AAG, Punjab, Mr. Jagbir Singh Brar

Table of Content
1. trial procedural background and application details. (Para 1 , 2 , 3 , 4)
2. contentions regarding section 311 cr.p.c. application. (Para 5 , 6 , 7)
3. opposition and support for the application. (Para 8 , 9 , 10)
4. analysis of the legal powers under section 311 cr.p.c. (Para 11 , 12 , 13 , 14 , 15 , 16)
5. court's decision and conclusion on the petition. (Para 17 , 18 , 19)

Judgment

Mr. Karamjit Singh, J.

The petitioners/accused have filed the present petition seeking quashing of orders dated 8.12.2016 (Annexure P-12) passed by the Court of Judicial Magistrate, 1st Class, Bathinda whereby the application moved by the prosecution/complainant under Section 311 Cr.P.C. was allowed in criminal case having FIR No.473 dated 6.8.2005 registered under Sections 420 , 465, 380, 467, 468, 471, 477, 448, 427, 270, 34 IPC at Police Station Kotwali, Bathinda and order dated 3.3.2017 (Annexure P-14) passed by the Court of Additional Sessions Judge, Bathinda whereby the revision petition filed by the petitioners/accused against the aforesaid order (Annexure P-12) passed by the Court of Judicial Magistrate, 1st Class, Bathinda is dismissed.

2. Brief facts of the case are that complain

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