KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 397 Cr.P.C. against the order dated 20.02.2010 passed by the learned Judicial Magistrate Ist Class, Karnal whereby the evidence of the prosecution has been closed.

(2.) AS per the facts of the case, the petitioner is the complainant in a cross version case titled as State v. Ishan Singh etc. bearing FIR No. 307 dated 29.11.2001. The case was fixed for defence evidence. Since, PW-Dr. Abhinav was not examined by the Public Prosecutor for the State to prove the medico legal report of the complainant side, an application was moved by the prosecution in this case subsequently for summoning the aforesaid witness-Dr. Abhinav. The said application was allowed vide order dated 08.02.2010. However, on the next date of hearing i.e. on 20.02.2010, the summons issued to Dr. Abhinav came back with the report that he is not currently posted in the Government Hospital, Karnal. He was transferred. The trial Court closed the prosecution evidence on the ground that since one opportunity had already granted to the prosecution to get PW-Dr. Abhinav examined vide order dated 08.02.2010, no further opportunity could be granted. Hence, the present revision petition.

(3.) AFTER hearing learned counsel for the parties, it is evident that the non-examining of prosecution witness Dr. Abhinav is neither intentional nor due to any fault on the part of the petitioner/complainant. In fact, PW- Dr. Abhinav could not be served on the address provided as he already stood transferred to some other place of service. Whereas, the impugned order was passed on the ground that since already one opportunity was granted vide order dated 08.02.10, no other opportunity can be given. Moreover, it is a settled principle of law that the course of justice should not suffer. Truth should be established and prejudice should not be caused to any party. Therefore, it would be in the interest of justice to grant one more opportunity to the petitioner to examine, recall/summon PW-Dr. Abhinav.