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Judgment
A. S. Nehra, J.
This revision petition is directed against the order dated 9.2.1991 passed by the Judicial Magistrate Ist Class Amritsar by which the application of the petitioner filed under Section 311 of Cr. P. C. was declined.
The petitioner filed an application under Section 311 of Criminal Procedure Code for permission to lead additional evidence. In the application, it was mentioned by the petitioner that now it has come to the knowledge of the complainant that accused Meena @ Amandeep Kaur wife of accused Amrik Singh son of Dasonda Singh has given birth to a baby at Chopra Nursing Home, Ludhiana and this fact was not earlier known to the complainant. Therefore, she could not lead evidence on this point. So, it is in the interest of justice that the following witnesses may be allowed to be summoned and examined in the evidence of the complaint:
i) ClerkIncharge from the Office of the Additional Local Registrar, Births and Death Municipal Corp., Ludhiana, alongwith the record pertaining to birth bearing registration No. 4645 dated 2071989 pertaining to the birth of baby.
ii) ClerkIncharge from the Office of Chopra Nursing Home, near Sabzi Mandi, Ludhiana along with the entire record of the Hospital pertaining to the birth dated 1171989, treatment, operation notes, bedhead ticket etc. of Smt.Amandeep Kaur w/o Amrik Singh s/o Dashonda Singh.
The petitioner further mentioned in the application that since fresh facts have been revealed, it is essential to lead evidence on this point to enable the Court to arrive at just decision.
In my opinion, the trial Court ought to have summoned the witnesses mentioned in the application by the petitioner. As the basic purpose is to do justice between the parties, the Court has to see that no lurking doubt remains in the mind of either side in regard to the Court''s holding the scale even between the adversaries. The law does not create any hindrance on the part of the Court to summon witnesses at any stage. If any authority is needed, reference may be made to Rajinder Parshad v. The State of Haryana, 1977 Chandigarh Law Reporter, Punjab and Haryana 47 and Avtar Singh v. State 1979 Chandigarh Law Reporter (Punjab and Haryana) 18.
Accordingly, this petition is allowed and the trial Court is directed to summon the witnesses mentioned in the application filed by the petitioner and proceed with the case in accordance with law.