JAGDISH CHANDRA PATHAK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for quashing the impugned orders dated 19.10.2019, 24.10.2019 & 04.11.2019 passed by the Judicial Magistrate Almora District Almora in Criminal Complaint Case No. 84 of 2008, Judicial Magistrate Ranikhet vs. J.C. Pathak, pending in the court of Judicial Magistrate Almora.

(2.) Facts, to the limited extent necessary, are that the aforesaid complaint case is pending before the Civil Judge/Judicial Magistrate, Almora under Section 29 of Police Act, when the matter was fixed for recording the evidence of complainant on 19.10.2019, an application was moved by the learned counsel on behalf of the complainant that the complainant will himself crossexamine to the accused; he may be given an adjournment.

(3.) Since the complainant was absent, the said application was rejected on the very same day and accordingly the evidence of complainant was closed and the matter was fixed for 24.10.2019 for recording the statement under Section 313 Cr.P.C. On 24.10.2019 again an adjournment application was moved on behalf of the accused that the accused is not able to appear before the court due to medical reason. The said adjournment application was also rejected by the concerned court on the very same day and the matter was listed on 31.10.2019, on that day the matter was adjourned by the court and ultimately the case was fixed on 04.11.2019 for recording the statement under Section 313 Cr.P.C., again on 04.11.2019 an adjournment application was moved on behalf of the accused, which was also rejected on the very same day and the matter has been fixed on 11.11.2019 for recording the statement under Section 313 Cr.P.C.