GANESHI, S/O. SHIVNATH AND ORS. Vs. STATE OF UTTARAKHAND, THROUGH SECRETARY, HOME AND TARA DEVI, W/O. HARI RAM

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, (for short Code of Criminal Procedure) the Petitioners have challenged the order dated 26.07.2011, passed by Special Judicial Magistrate, C.B.I., Dehradun, in Criminal Complaint Case No. 427 of 2011 Tara Devi v. Ganeshi and Ors. whereby right to adduce defence evidence of the Petitioners is closed

(3.) HOWEVER , learned Counsel for the Petitioners submitted that in the year 2008, one more prosecution witness was got examined, and No. 3 additional statement of 313 of Code of Criminal Procedure, was recorded in respect of said evidence. Apart from this, it is pointed out that except the five adjournments sought by the defence counsel all other adjournments were either on behalf of the complainant, or on the ground that Presiding Officer was not available etc.