NAGINA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order dated 28.10.2006 passed by the learned Judicial Magistrate Ist Class, Karnal whereby prosecution evidence has been closed on the ground that despite several opportunities including last opportunity, the prosecution has failed to produce its witnesses. Respondent Nos. 2 to 5 are facing trial in a case FIR No. 175 dated 08.05. 1999, under sections 323/326/34 IPC, registered at Police Station Gharaunda District Karnal. The petitioners are the complainants in the above stated case.

(2.) As per the report made by the process serving agency on the dasti notices, which have been produced by the learned counsel for the petitioners, respondent Nos. 2 to 5 have been duly served. However, no one appears on their behalf though the case has been called twice. Learned State counsel on the other hand supports the prayer made by the petitioners.

(3.) It is contended on behalf of the petitioners that there are cross version cases, which were earlier being tried by the one Court. However, at a later stage, the cases were segregated and were entrusted to two different Courts. Since the petitioner- complainants and other prosecution witnesses were not aware about the change of Court, the cross examination of petitioner no.2 (whose examination-in-chief has already been recorded) and remaining witnesses could not be produced on 28.10.2006.