KANTA DHIR (SMT.) Vs. STATE & ORS.

JUDGEMENT

(1.) This is a petition under Sec. 482 Code Criminal Procedure filed' by the complainant, in a state case under section 325, 323, 34 Indian Penal Code.

(2.) One Dhani Ram was one of the prosecution witnesses, as per the list of witnesses, copy Annexure P1. On 2.5.1997, when the cross-examination of one witness was completed, it was found by the Court that Dhani Ram, who was present in Court, had remained sitting in the Court throughout the cross- examination of PW-1. Hence, the evidence of Dhani Ram was dispensed with by the learned Magistrate vide order dated 2.5.1997 on the ground that he remained sitting without informing the Court. Thereafter, the case was adjourned for recording evidence of remaining prosecution witnesses.

(3.) In the present petition, the prayer made by the complainant-petitioner is that necessary directions may be given to the learned Trial Magistrate, to examine Dhani Ram as prosecution witness in this case.