MANPREET SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed with a prayer to quash order dtd. 19/8/2016 passed by learned Judicial Magistrate, 1st Class, Jagraon whereby precharge evidence has been closed by order and also order dtd. 5/12/2016 passed by learned Additional Sessions Judge vide which the revision petition against the order dtd. 19/8/2016 has been dismissed.

(2.) The main ground for closing the evidence was that this Court in CRM-M-20232-2016 had directed the trial court to expedite the trial. Thereafter, direction was issued by this Court as well as the learned Sessions Judge to dispose of within six months the cases which were 10 years old.

(3.) A bare perusal of the order of the learned trial Court transpires that on 30/7/2016, one CW1 Dr. Inderjit Singh was present. His examination-in-chief was recorded but his cross-examination was deferred on the request of the learned defence counsel. Apart from that, one more witness namely Tarlok Singh was also present whose examination-in-chief was recorded and his cross-examination was also deferred on the request of the learned defence counsel. Therefore, the case was adjourned to 19/8/2016. On 19/8/2016, only Tarlok Singh was present and was cross-examination but CW1 Inderjit Singh, whose examination-in-chief, was already recorded, had not been examined. On that day, an exemption application was filed by the complainant which was opposed on the ground that a criminal complaint under Sec. 307 IPC has been registered against the complainant. Learned Magistrate passed the following order on 19/8/2016 as under: -