Sham Lal Thukral vs State of Punjab - 2023 Supreme(P&H) 1540

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1540

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Karamjit Singh, J.
Sham Lal Thukral & Anr. – Appellants
Versus
State of Punjab – Respondent
CRM-M No. 11436 of 2017
Decided On : 29-03-2023

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

Headnote:(A) Code of Criminal Procedure, 1973 - Section 311 - Request for summoning witnesses - The petitioners sought to quash orders allowing prosecution's application to summon witnesses and documents during trial - The court emphasized that Section 311 grants broad powers to ensure a just decision, not limited to filling prosecution gaps - Sufficient grounds established for permit of evidence necessary for laydown of truth - Petitioners failed to prove irrelevance of summoned records, ruling in favor of trial court's discretion in permitting the summoning of witnesses from evidential approach - Petition dismissed with direction for expedited trial. (Paras 4, 10, 16, 19)

(B) Judicial Discretion - The court under Section 311 possesses the authority to summon witnesses and documents to achieve just outcomes at any trial stage, highlighting the critical balance of judicial responsibility accompanying such broad powers. (Paras 14, 16)

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 complainant-Kartar Singh lodged complaint with the police authorities to take action against the accused persons in accordance with law. On the basis of the said complaint, FIR No.473 dated 6.8.2005 under Sections 420 , 465, 380, 467, 468, 471, 477, 448, 427, 270, 34 IPC at Police Station Kotwali, Bathinda was registered against the petitioners and some other persons. In the FIR it has been inter alia alleged that there is a common wall between the adjoining properties of both the parties and petitioners are running nursing home in their property. As per complainant the width of common wall was reduced by the petitioners. There are also allegations that the complainant demolished his old building and after obtaining requisite approval from the concerned departments, reconstructed a new building in his own plot but the petitioners and staff of nursing home tried to obstruct said construction by filing civil suits and complaints based on false and fake documents. That even civil writ petition was also filed against the complainant, which was later on withdrawn. It is further alleged in the FIR that the aforesaid complaints were found to be false by the police and resultantly kalandra under Section 182 IPC was filed by the police authorities against the petitioners.

3. After completion of investigation both the petitioners were challaned by the police and the trial Court framed charges against them but the petitioners did not plead guilty and the trial was commenced.

4. During trial, the prosecution filed an application under Section 311 of Cr.P.C. to summon the following witnesses along with the concerned record relating of aforementioned previous litigation:-

i. Record Keeper, Civil Judge, Senior Division, Bathinda along with file suit No.548 of 2003 titled as Dr. Sham Lal Thukral Vs. Kartar Singh , Court of Sh. H.S. Dhaliwal, Civil Judge, Senior Division, Bathnda decided on dated 17.12.2003 and file of civil suit No.827 of 2.11.2004 RT No.147 dated 1.8.2014, titled as Sham Lal Vs. Kartar Singh decided on 30.5.2015 by the court of Ms Pushpa Rani Civil Judge, Senior Division, Bathinda.

ii. Concerned Criminal record keeper, Chief Judicial Magistrate, Bathinda along with file No.75 dated 6.4.2004 of Kalandara 182 IPC titled State Vs. Dr. Sham Lal Thukral .

iii. Concerned record keeper, District & Sessions Judge, Bathinda along with file Civil appeal Dr. Sham Lal Thukral Vs. Kartar Singh court of Sh. D.S. Malwai, Addl. District Bathinda, dismissed as withdrawn on dated 15.12.2003 and judicial file of Revision file No.23 decided on 24.12.2005 titled as Kartar Singh Vs. Dr. Sham Lal and others and Criminal Revision No.1 dated 25.9.2005 RT No.16 dated 1.10.2005 decided on 11.3.2006 court of Sh. G.S. Sandhu, Fast Track Court, Bathinda titled Dr. Sham Lal Vs. State of P