VASUDEV MIRDHA Vs. VIDYARAM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 7/10/2022 passed by SDM Gohad District Bhind in Case No.34/2021/145 Cr.P.C.

(2.) By the impugned order, the rights of the petitioners to lead evidence has been closed. The petitioners have filed complete order sheets of the Court of S.D.M., Gohad, District Bhind (M.P.). From the order sheets, it appears that the case was fixed for the first time on 19/9/2022 for recording of evidence of the petitioners. On 19/9/2022, the Presiding Officer was on leave and, accordingly, the case was adjourned to 22/9/2022. However, the case was taken up on 23/9/2022. The petitioners filed certain documents which were not accepted because the same were not supported by an affidavit and the case was fixed for 26/9/2022. On 26/9/2022, an application under Sec. 296 of Cr.P.C. was filed and the case was fixed for 30/9/2022 for arguments on the said application. On 30/9/2022, the application filed under Sec. 296 of Cr.P.C. was allowed and the case was fixed for cross-examination of the petitioner and his witnesses on 3/10/2022. On 3/10/2022, the case was adjourned for 6/10/2022, however, no reasons were assigned for such adjournment.

(3.) On 6/10/2022, the case was adjourned as the Presiding Officer was busy in another cases and the case was fixed for 7/10/2022. On 7/10/2022, the right of the petitioner for his cross-examination was closed. It is submitted by the counsel for the petitioner that on 7/10/2022, the Civil Court was closed and, therefore, the counsel for the petitioners could not appear before the Court of SDM, Gohad, District Bhind (M.P.) in time. Furthermore, on most of the occasions, the Presiding Officer himself was on leave which is evident from the previous order sheets of the said proceedings.