CHUNI LAL Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of instant petition filed under Section 482 Cr.P.C., challenge has been laid to order dated 26.10.2020, passed by learned Special Judge, Chamba, H.P., whereby, evidence of the petitioner in defence has been ordered to be closed in Sessions Trial No. 24 of 2018, titled as State vs. Chuni Lal.

(2.) Having regard to the nature of the order proposed to be passed in the case at hand, no reply is intended to be filed by respondent-State.

(3.) Having heard learned counsel representing the parties and perused the material available on record, especially, zimni orders dated 16.3.2020, 17.9.2020 and impugned order dated 26.10.2020, this Court finds that process issued for service of defence witnesses was received back, duly served on 16.3.2020, but since, none of defence witnesses appeared, learned Court below directed to serve them by way of bailable warrants, returnable for 25.03.2020. It stands recorded in order dated 16.3.2020 that warrant be got executed through special messenger for the said date. However, It appears that since on 25.3.2020, there was complete lock down in the Country on account of COVID-19, matter could not be taken by the Court and as such, same came to be listed before Court below on 17.9.2020, on which date, Court below ordered that order dated 16.3.2020, be complied with for 26.10.2020. On 26.10.2020, no defence witness came present. Learned defence counsel apprised the Court below that since witnesses hail from COVID-19 prone area, they have not been able to come present, but the fact remains that Court below ignoring the aforesaid explanation rendered on record by the learned defence counsel proceeded to close the evidence of defence and as such, accused/petitioner has approached this Court in the instant proceedings, praying therein to set aside the aforesaid impugned order.