AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AVTAR Singh -petitioner has filed this petition against the State of Punjab under Section 482 Cr.P.C. praying for quashing of the order dated 2.7.2013 (Annexure -P3) passed by Sub Divisional Judicial Magistrate, Batala in a cross -case titled as State v. Satwant Singh etc. for the offences under Sections 326, 325, 324 and 323 IPC at Police Station Ghuman (Annexure -P. 2) in FIR No. 124 dated 4.9.2002/6.9.2002 for the offences under Section 307, 326, 325, 324, 323, 148 and 149 IPC and Sections 25 and 27 of the Arms Act at Police Station Ghuman (Annexure -P. 1).

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) A perusal of the present petition shows that the evidence of the prosecution was closed by order on 21.11.2012. This order has not been challenged even in this petition. If the evidence of the prosecution has been closed by order by holding that sufficient effective opportunities have been availed by the prosecution and despite that the prosecution failed to conclude the evidence, therefore, it cannot be held that the order passed by the Court on 21.11.2012 was not as per law. Otherwise also, this order dated 21.11.2012 has not been challenged in this petition. Then the petitioner filed application under Section 311 CrP.C. which was also dismissed on 11.12.2012. That order has also not been challenged in the present petition. Instead of challenging these orders, the petitioner filed second application before the Court of SDJM and only that order has been challenged in the present case. A perusal of the record shows that no illegality has been committed by passing the impugned order by the learned SDJM. It was for the petitioner to show as to why the prosecution has not produced the evidence since 2004 after the charge was framed. There is nothing to justify such a long delay by the petitioner.