S.S.NIJJAR,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure seeks quashing of the order dated 10.7.2000 passed by the Judicial Magistrate First Class, Rajpura.
(2.) ON 7.2.1996, at about 7.30 a.m. respondent No. 2-Major Singh assaulted the daughter of the petitioner-Jaswinder Kaur intending to outrage her modesty. The petitioner reported the matter to the Police and FIR No. 15 dated 12.2.1996 was registered against respondent No. 2. Challan was presented. The accused was subsequently chargesheeted. Thereafter, the matter was fixed for the evidence of the prosecution. However, under the influence of the accused, the evidence of the prosecution was not being led. Two witnesses ASI Gurcharan Singh and ASI Yusif Masish, were bound down for 10th of July 2000. These witnesses did not appear for giving on 10.7.2000. Thus, the trial Court passed the following order :_ "PWs ASI Gurcharan Singh and Yusif Masish have not come present, despite the fact that they were bound down on the previous date. Today is the last opportunity. On previous date also it was the last opportunity. The witnesses have opted to remain away from the proceedings in order to support the accused. On previous 4 adjournments it was against (again ?) the last opportunity. The prosecution seems to be not interested in examining any witness more. The accused was earlier charge-sheeted on 1.6.96. The prosecution has availed sufficient time for this purpose. I do not find any justification in granting any more opportunity. The evidence of the prosecution is closed by order. Now to come up for statement of the accused on 7.8.2000." I am of the considered opinion that the Magistrate ought to have adopted coercive method to secure the presence of the two witnesses. Reply has been filed stating that the departmental proceedings have been initiated against the two police officials for not appearing. On the other hand, Mr. Tiwana states that now the matter is fixed for defence evidence.
(3.) I am of the considered opinion that the trial Court ought to have given one more opportunity to prosecution to produce the aforesaid two witnesses. Consequently, the order dated 10.7.2000 is hereby quashed. The trial Court is directed to fix a date for prosecution evidence. The aforesaid two Police officials are directed to appear in Court on that date. Petition allowed. No costs. Petition allowed.;