Daya Ram vs Kiran Thakur

Vivek Singh Thakur, J

This petition has been filed against impugned order dated 04.03.2022, passed by learned Chief Judicial Magistrate, Kullu, District Kullu, H.P., in Case No.1940 of 2015, titled as Kiran Thakur vs. Daya Ram, whereby remaining defence evidence of the petitioner has been closed by order of the Court.

For the order being passed hereinafter, I am of the considered opinion that it would be undue harassment to the respondent in case notice is issued to her.

I have gone through the impugned order and I do not find any irregularity, illegality or perversity in the order warranting interference to set aside the same. However, by taking a lenient view, one more opportunity to lead defence evidence, is granted to the petitioner, subject to payment of costs of `5000/- payable to the respondent on next date of hearing before the trial Court.

It has been informed that next date of hearing in the trial Court is 25.03.2022. Petitioner is permitted to lead remaining defence evidence on a date to be fixed by the trial Court on 25.03.2022 and the said date shall be fixed on or before 20. 04.2022 on which date petitioner shall produce his evidence on self responsibility.

At this stage, learned counsel for the petitioner has submitted that one official witness i.e. Clerk from office of Mining Officer, Kullu, is also to be examined in defence evidence for which assistance of the Court is required. If so advised, petitioner may seek assistance of the trial Court for issuance of dasti summons for the said witness and it shall be responsibility of the petitioner to ensure service and presence of that witness on the date fixed by the trial Court for recording evidence. No further opportunity shall be granted to the petitioner and after that, defence evidence of the petitioner, shall stand closed without any further order.

In view of above, present petition is disposed of, so also pending application(s), if any.

Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court, and the trial Court shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.