- (1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved to challenge the order dated june 4, 2007 passed by the Additional Chief judicial Magistrate, Karnal, which reads as under :- "today was the last opportunity granted to the prosecution to lead its evidence. At the same time, the present case was required to be decided by 24-7-2006, as ordered by the Hon'ble High Court in order dated 24-1 -2006. This was not done. No request for extension of time was made before the hon'ble High Court. In my considered view,' further adjournment is not justified for recording the prosecution evidence and the same is closed by Court order. To come up on 11-6-2007 for recording the statements of accused under Section 313, Cr. P. C. "
(2.) LEARNED counsel for the petitioner submits that the prosecution witnesses could not be examined due to the fault of the prosecution, as they were not produced in Court for want of proper service and there was no fault on the part of the complainant in not producing them. The order passed by the learned Additional Chief Judicial Magistrate, karnal, on 19-4-2007 reads as under :- "one P. W. namely DSP Tejbir is present and examined. The summons issued to remaining witnesses received back not properly served. A perusal of the case file reveals that this one of the case which is pending in this Court wherein, the Hon'ble High Court has issued directions in order to expedite the trial of the case by giving priority as compared of the other cases pending in this court. In compliance of the directions issued by the Hon'ble High Court, a short date is given for summoning of all the remaining p. Ws. The case file be now put up on 14-5-2007 for summoning all the remaining unexamined prosecution witnesses through special messenger and in order to ensure the service of all the P. Ws. a letter of request be also written to SSP, Karnal to depute a responsible police official including the investigating officer to serve and to produce the remaining prosecution witnesses on the date fixed.
(3.) ON 19-4-2007 the case was adjourned to 14-5-2007. On 14-5-2007 the Court could not be held because of the transfer of the presiding Officer and the case was adjourned to 4-6-2007.;