GURCHARAN SINGH KOHLI Vs. SAPANA AGARWAL

JUDGEMENT

(1.) HEARD Mr. Sudhir Singh, Advocate, for the applicant petitioner.

(2.) IT appears that a criminal trial bearing the latest No. 2658/2014 is going on in the Court of Chief Judicial Magistrate, Rudrapur. The said trial commenced on the institution of the complaint on 17.7.1999. The charge was initially levelled against all the accused persons on 9.8.2004, but it was amended on 20.7.2011. So, on interference by the revisional court, all the witnesses, examined before the amendment of the charge, were recalled for re -examination. The complainant was produced and she was examined and cross -examined in the light of such amended charge. However, as regards two other witnesses, namely, Mohan Singh and Madan Singh Rautela, they could not be produced again as they had retired a number of years ago being the Government Officials. So, the complainant Smt. Sapana Agarwal expressed her inability to produce these two witnesses as their whereabouts were not known to her. She further prayed that since the evidence of these two witnesses, being Government Officials, are formal in nature, so their re -examination may be dispensed with and the proceedings may be permitted to go ahead.

(3.) HAVING heard learned Counsel of the applicant petitioner, the Court feels that this petition is utterly bereft of merit and the only purpose of the accused applicant Gurcharan Singh Kohli is to anyhow drag the criminal trial against him even after the fifteen years of its institution. For one reason or the other, he is not permitting the Trial Court to get it concluded.