Kulwant Singh vs Balbir Singh and Others

Tej Pratap Singh Mann, J.—The present petition has been filed by the petitioner u/s 482 Cr.P.C. for challenging order dated 18.01.2012 (Annexure P-5) passed by the Judicial Magistrate, 1st Class, Gurdaspur, whereby, his pre-charge evidence was closed by order. A perusal of the impugned order reveals that on 18.01.2012, no witness of the complainant was present and even the summons issued to remaining witnesses of the petitioner were received back, un-served. Finding that sufficient opportunities, including last opportunity, had already been granted to the petitioner to complete his pre-charge evidence and he had failed to do so, the trial Court closed his pre-charge evidence by order.

On perusal of the various interim orders passed by the trial Court from time to time, it is made out that the petitioner had availed sufficient number of opportunities for examining his pre-charge evidence. However, fact remains that the petitioner had already examined three out of the five witnesses and only two remained to be examined. Out of them, one Balwinder Singh has since died. According to the counsel for the petitioner, only MHC from Police Station Kahnuwan requires to be examined by the petitioner.

Learned counsel for the respondents has opposed the prayer made by counsel for the petitioner by submitting that despite availing adequate number of opportunities, the petitioner could not complete his pre-charge evidence and, therefore, the impugned order has rightly been passed by the trial Court.

It is a fact that the petitioner has already availed sufficient number of opportunities, including last opportunity, for completing his evidence and in the process examined three out of five witnesses. Balwinder Singh, who is yet to be examined by him has since died. Only MHC, Police Station Kahnuwan remains to be examined.

After hearing learned counsel for the parties and going through the impugned order as well as interim orders passed by the trial Court from time to time, this Court is of the considered view that interest of justice would be best met if one more opportunity is granted to the petitioner to complete his pre-charge evidence by examining MHC, Police Station Kahnuwan.

Resultantly, the petition is disposed of with a direction to the trial Court to grant one more opportunity to the complainant-petitioner for examining concerned MHC, Police Station Kahnuwan, District Gurdaspur in his pre-charge evidence. This order shall, however, be subject to costs of Rs. 8,000/- to be paid by the complainant to the accused. The parties along with their counsel shall appear before the trial Court on 30.09.2013.