KULWANT SINGH Vs. BALBIR SINGH AND OTHERS

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 482 Cr.P.C. for challenging order dated 18.01.2012 (Annexure P -5) passed by the Judicial Magistrate, 1st Class, Gurdaspur, whereby, his pre -charge evidence was closed by order. A perusal of the impugned order reveals that on 18.01.2012, no witness of the complainant was present and even the summons issued to remaining witnesses of the petitioner were received back, un -served. Finding that sufficient opportunities, including last opportunity, had already been granted to the petitioner to complete his pre -charge evidence and he had failed to do so, the trial Court closed his pre -charge evidence by order.

(2.) ON perusal of the various interim orders passed by the trial Court from time to time, it is made out that the petitioner had availed sufficient number of opportunities for examining his pre -charge evidence. However, fact remains that the petitioner had already examined three out of the five witnesses and only two remained to be examined. Out of them, one Balwinder Singh has since died. According to the counsel for the petitioner, only MHC from Police Station Kahnuwan requires to be examined by the petitioner.

(3.) IT is a fact that the petitioner has already availed sufficient number of opportunities, including last opportunity, for completing his evidence and in the process examined three out of five witnesses. Balwinder Singh, who is yet to be examined by him has since died. Only MHC, Police Station Kahnuwan remains to be examined.