JUDGEMENT
-
(1.) The contour of the facts and material, which needs a necessary
mention for the limited purpose of deciding the core controversy, involved in
the instant petition and emanating from the record is that, in the wake of
complaint of petitioner-complainant-Ved Parkash son of Ram Bhagat, a criminal
case was registered against the private respondents-accused, by way of FIR
No. 47 dated 22.04.2007, for the commission of offences punishable under
Sections 323, 324 and 34 IPC, by the police of Police Station Salhawas, District
Jhajjar.
(2.) During the course of trial, when the Presiding Officer
(Ms. Sampreet Kaur) was on medical leave, then the case was placed before the
Judicial Magistrate 1st Class, Jhajjar(Ms. Rachna Gupta) on 17.01.2012. She
abruptly closed the evidence of the prosecution by virtue of impugned order
dated 17.01.2012(Annexure P-1), which in substance is as under:-
"File is put to before me as Ms. Sampreet Kaur, Ld. C. J. (J. D. )-cum-JMIC,
Jhajjar is on medical leave.
No PW is present. The present case has been short listed as
special evidence case in furtherance of the direction of Hon'ble
Administrative Judge. Moreover, perusal of the case file reveals that
charge in this case has already been framed on 4.10.2007 and
prosecution has already availed several effective opportunities. Now,
there is no justification in adjourning the case time and again for the
same purpose. Hence, further adjournment as prayed for by prosecution
is hereby declined and prosecution evidence is closed by court order.
Now to came up on 31.1.2012 for recording the statement of accused
under Section 313 Cr. P. C. "
(3.) Aggrieved thereby, the revision petition filed by the petitionercomplainant, was dismissed as well by the Revisional Court, by means of
impugned order dated 28.08.2012(Annexure P-6).;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.