VED PARKASH Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-9-502
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 25,2012

VED PARKASH Appellant
VERSUS
State Of Haryana And Others Respondents

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).;


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