PARKASH KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure seeks quashing of the order dated 10.7.2000 passed by the Judicial Magistrate First Class, Rajpura.

(2.) ON 7.2.1996, at about 7.30 a.m. respondent No. 2-Major Singh assaulted the daughter of the petitioner-Jaswinder Kaur intending to outrage her modesty. The petitioner reported the matter to the Police and FIR No. 15 dated 12.2.1996 was registered against respondent No. 2. Challan was presented. The accused was subsequently chargesheeted. Thereafter, the matter was fixed for the evidence of the prosecution. However, under the influence of the accused, the evidence of the prosecution was not being led. Two witnesses ASI Gurcharan Singh and ASI Yusif Masish, were bound down for 10th of July 2000. These witnesses did not appear for giving on 10.7.2000. Thus, the trial Court passed the following order :_

(3.) I am of the considered opinion that the trial Court ought to have given one more opportunity to prosecution to produce the aforesaid two witnesses. Consequently, the order dated 10.7.2000 is hereby quashed. The trial Court is directed to fix a date for prosecution evidence. The aforesaid two Police officials are directed to appear in Court on that date. Petition allowed. No costs. Petition allowed.