PHOOL DEVI Vs. GAINENDER AND OTHERS

JUDGEMENT

(1.) F.I.R. in this case was registered on July 3, 1994 under Sections 419, 320, 467, 471 I.P.C. against ten accused on the basis of the complaint of Phool Devi. Report under Section 173 Cr.P.C. was filed in September 1994. Thereafter charge was framed in May 1996. Prosecution took over three years to present its evidence and evidence was closed on November 15, 1999. On January 27, 2000 complainant through public prosecutor filed an application under Section 311 Cr.P.C. for examination of Shri R.K. Kashyap, the then Chief Judicial Magistrate, Sonepat and Shri Hardeep Singh the then D.S.P. as Court witnesses. The application was decided on May 17, 2000 and the learned Judicial Magistrate was pleased to dismiss it leading the petitioner to the filing of the present revision petition.

(2.) The prosecution is expected to be more efficient in conducting its cases. The witnesses now sought to be examined were not named as witnesses in the report under Section 173 Cr.P.C. Therefore, the complainant has now made up her mind to have them examined as Court witnesses. The report was filed in September 1994. It was at that stage that the complainant got the first opportunity to see for herself whether all the witnesses had been cited. By choosing to accept the report including the witnesses cited therein and continuing the trial for nearly five years thereafter, the complainant cannot now be allowed to further delay and obstruct the trial by seeking examination of the more witnesses by the Court. Learned Judicial Magistrate has passed a well reasoned order dismissing the application. There appear to be no grounds to interfere with the impugned order. Dismissed.