YOGESH RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') for quashing of order dated 13.06.2013 (Annexure P-4) passed by learned Judicial Magistrate 1st Class, Karnal and order dated 23.08.2013 (Annexure P-5) passed by learned Sessions Judge, Karnal vide which application filed by present petitioner-complainant under Section 311 of Cr.P.C. for leading additional evidence was dismissed by learned trial Court and the revision filed against the said order was also dismissed by learned Sessions Judge, Karnal.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record including both the orders passed by learned Courts below.

(3.) Briefly stated, FIR No.774 dated18.12.2008 under Sections 498-A, 323, 406 and 506 of Indian Penal Code was registered at Police Station City Karnal against respondents namely Harvinder Singh, Kanta Rani, Devender Singh and Nitu. Respondents were charge-sheeted on 15.12.2009 after report under Section 173 Cr.P.C. was filed by the prosecution against them. Case remained pending for prosecution evidence for a period of about three years. Sufficient opportunities were granted to the prosecution to conclude the evidence. All the witnesses were examined as per the list of witnesses except one formal witness and despite several opportunities, the presence of that witness could not be procured and hence, evidence of prosecution was closed by Court order dated 23.07.2012. Thereafter, statements of accused under Section 313 Cr.P.C. were recorded by the trial Court. Case was fixed for defence evidence of accused-respondents for 24.09.2012 and again for 28.08.2012 and then for 08.09.2012 when the present application under Section 311 Cr.P.C. was moved by present petitioner-complainant which was dismissed by learned trial Court vide impugned order. Revision against the said order was also dismissed by learned Sessions Judge.