HARDEEP SINGH ALIAS DEEPA Vs. STATE OF HARYANA

JUDGEMENT

(1.) AN FIR No. 154 dated 1.8.1986 under Sections 324/326/34 of the Indian Penal Code registered at Police Station, Jhansa was filed against the petitioners. The challan against them was submitted before the Magistrate in September, 1986. In the challan, the prosecution mentioned the names of nine witnesses and out of them, three, namely Dr. S.C. Sikka, Parkash Singh (complainant) and Shadi Lal were examined upto 1993. Several opportunities were granted by the trial Magistrate for the purpose of securing the presence of the remaining witnesses and last opportunity was granted to the prosecution to produce all the witnesses on 19.11.1993. Only one PW Surjit Singh had been served but he too did not turn up. The learned magistrate accordingly closed the evidence vide order (Annexure P-1) of even date. The complainant thereafter filed a revision petition before the Sessions Judge, Kurukshetra, who vide his order dated 16.4.1994 (Annexure P-2) set aside the order of the Magistrate and directed that further opportunity be given to the prosecution to produce its witnesses. The petitioner thereafter approached this Court by way of the present petition, which came up for hearing on 6.7.1994 on which date the proceedings before the trial Court were directed to be stayed. It is the conceded position that the said stay order continues to operate as of today.

(2.) A reply has been filed by the respondent in which it has been pleaded that the order of the Magistrate was not justified as adequate opportunities had not been given to the prosecution to produce the witnesses.

(3.) THIS petition is accordingly allowed and the F.I.R. 154 dated 1.8.1996 registered at Police Station, Jhansa and all other consequential proceedings are quashed. Petition allowed.