JAGMOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed for quashing/setting aside order dated 15.04.2015 passed by the learned Sub Divisional Judicial Magistrate, Hansi, whereby prosecution has been granted another opportunity to produce prosecution witness Dr. Ramesh Kumar.

(2.) AS per the prosecution allegations, respondent No.2 complainant Arvind Kumat Bharti has lodge a complaint with the police against the petitioner and two others on the basis of which the case FIR No.123 dated 17.04.2007, Police Station City Hansi was registered under Sections 323, 325 and 506 of the Indian Penal Code, 1860 and they are facing the trial therein.

(3.) LEARNED counsel for the petitioner pleaded that the prosecution was granted one opportunity to examined Dr. Ramesh Kumar as a witness by this Court in CRM -M -34937 -2013 titled Arvind Kumar Bharti Vs. State of Haryana and others, but the learned trial Court vide the impugned order dated 15.04.2015, instead of closing the evidence of the prosecution, has further granted an opportunity to produce that witness, which is illegal and in violation of the order dated 09.02.2015 passed by this Court in the aforesaid Criminal Miscellaneous.