HARUN RASHID Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. filed by the complainant-petitioner, seeking setting aside the order dated 29.5.2000, passed by the JMIC, Nuh, closing the evidence of the prosecution by the order of the Court.

(2.) Accused respondent No. 2, Imrat, was facing trial in a case under Sections 420/467/468/447/479, IPC of Police Station, Taoru, vide FIR No. 307 of 1998. Aggrieved against the said order of the trial Magistrate, the complainant filed the present petition in this Court under Section 482, Cr.P.C. impleading State of Haryana as the respondent. Subsequently, the accused, Imrat, put in appearance in this petition. Vide order dated 24.11.2000, it was directed that accused, Imrat shall be impleaded as respondent No. 2 in this petition, by the office and the case was adjourned for arguments.

(3.) On 29.5.2000, when the case was listed for prosecution evidence, 3 PWs were present and examined. However, 2 witnesses, namely ASI Dharambir and SD Dubey, Deputy Mining Engineer, could not be served for the said date. The learned trial Magistrate closed the evidence of the prosecution by the order of the Court, without keeping in view the report of the serving official on the summons issued for the purpose. Even if 29.5.2000 was the last opportunity for the prosecution evidence, in my opinion, on the facts and circumstances of the case, the learned Magistrate should have granted one more opportunity to the prosecution to produce the remaining evidence, especially when one of the 2 witnesses, namely SD Dubey, Deputy Mining Engineer, had been transferred and the serving official had asked for his new address and place of posting for effecting service upon him.