PURAN CHAND Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- This revision is directed against the judgment dated 17-7-1997 passed by Ist Additional Sessions Judge, Jammu. By means of impugned judgment, while dismissing the revision petition of respondent-State, learned Judge has made certain observations which according to the petitioners, should not have been made and thus present revision by them questioning only that part of the judgment impugned.

(2.) In order to properly understand the controversy in this case brief facts need to be noticed : Petitioners are being prosecuted in the Court of City Judge, Judicial Magistrate First Class, Jammu, for having allegedly committed offences under Sections 147, 148, 325/34 Ranbir Penal Code. Admittedly, Charge in this case was framed by the trial Court on 12-8-1992 and since the petitioners did not plead guilty to the charge and claimed trial, therefore, the proceedings for their trial commenced. It seems that after the framing of the charge, proceedings are going on and, as made out from the submission of learned counsel for the parties, three witnesses remained to be examined viz. Dr. Malvinder Singh, Dr. Abdul Rashid and the Investigating Officer of the case.

(3.) As per Annexures as far back as on 9-11-1995 evidence of the prosecution was closed by order of the trial Court since neither any witness was present on that date nor any cause was made out for adjourning the case. Parties are not at variance that revision was preferred against this order and the matter came up before 2nd Additional Sessions Judge Jammu, who by means of order dated 12-12-1996 dismissed the revision of the State, thereby upheld the order of closure of evidence passed by the Court below.