RAMESH KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This revision petition is filled by the complainant calling in question order dated 15th May 2008 vide which learned magistrate has closed the prosecution evidence. FIR no. 152/2004 came to be registered at Police Station Bakshi Nagar Jammu disclosing allegedly commission of offence u/s 341/323 RPC by the respondent no. 2. After investigation of the case, the respondent no. 2 was send-up for trial. The charges were framed against the accused by Additional Magistrate (III Additional Munsiff) Jammu for having prima facie committed offence u/s 341/ 323 RPC. Respondent no. 2 did not plead guilty and was accordingly put on trial. Prosecution examined the witnesses excepting the Investigating Officer and the Medical Officer. When prosecution failed to produce the above stated witnesses, the learned trial magistrate ordered for closure of prosecution evidence. An application u/s 540 RPC was filed by the prosecution before the learned trial magistrate requesting therein that Investigation Officer and Doctor who are material witnesses in the case be ordered to be summoned. Learned trial magistrate vide its order dated 1st April 2008 allowed the application and prosecution was granted two opportunities to examine the above said witness. The prosecution, however, failed to produce the above two witnesses before the court. The trial magistrate vide its order dated 1st April 2008 had afforded two opportunities to prosecution to produce and to examine the above two witnesses. The two opportunities having been exhausted and witnesses not produced before the trial court, accordingly the impugned order dated 15th May 2008 was passed by the learned magistrate closing the evidence of the prosecution.

(2.) The complainant is aggrieved of the said order which is challenged in the revision petition.

(3.) It is submitted that Doctor Sarita who had examined injured person had left the job and a request was made for summoning Dr. M. L Baboo for proving the signatures of Dr. Sarita on the memo of injury statement.