LAWS(P&H)-2013-5-779

PREM SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On May 17, 2013
PREM SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 13.2.2012 (Annexure P-3). The petitioner is a complainant in a case, which was registered vide FIR No.126 dated 17.10.2004, under Sections 324/34/506 IPC, registered at Police Station Kundali, Sonepat.

(2.) The learned trial court closed the evidence of the prosecution by observing as follows :-

(3.) The matter went up in revision and the Court of revision noticed that the order of learned trial court suffered from infirmity and opined that since most of the witnesses had been summoned, the prosecution deserved another opportunity even if they were not present on the date when the aforesaid order of closure of evidence was passed. Out of the witnesses summoned Raghunath s/o Bhagwana was said to be ailing. Dr. N.K. Sharma pleaded that he was not available being out of station, Virender Singh, Constable No.666 was served but was not present without disclosing any reason. The Revisional Court thus accepted the revision in part and directed that Dr. N.K. Sharma be summoned again for recording the evidence while Virender Singh, Constable be served through bailable warrants.