SATWANT KAUR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this petition, filed under Section 482, Cr.P.C., is to the order dated 7.1.2015 (Annexure P -1), passed by learned Judicial Magistrate Ist Class, Bilaspur, District Yamunanagar, whereby the application filed under Section 311, Cr.P.C., on behalf of the complainant, duly forwarded by the Assistant Public Prosecutor, was allowed and it was directed that the evidence/deposition of Dr. Anil Aggarwal, who had medico - legally examined, Baljinder Kaur, was essential for the just decision of the case.

(2.) LEARNED counsel contends that after affording as many as nine last opportunities, the evidence of the prosecution was closed by Court order on 18.10.2014 and thereafter statements of the petitioners in terms of Section 313, Cr.P.C., were recorded on 11.11.2014. The case before learned Trial Court had reached at the stage of defence evidence and at that time an application under Section 311, Cr.P.C., was presented for leading additional evidence. He further contends that the said application was presented only to prejudice the rights of the petitioners and for further delay of the trial.

(3.) WHILE deciding the aforementioned application, in para Nos. 5 and 6 of the impugned order dated 7.1.2015 (Annexure P -1), learned Judicial Magistrate Ist Class, Bilaspur, has held as under: -