ALIFAN KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the order impugned dated 12.2.2007 passed by Sri. D.K. Mishra, Judicial Magistrate, Ist Class, Ranchi in Complaint Case No. 274 of 2004 by which the petition of the petitioner dated 12.2.2007 for bringing the agreement executed by one Kudus Khan on 14.3.2004 containing his forged signature on the record by proving it under section 311 of the Code of Criminal Procedure was refused. The petitioner further prayed for quashment of the order dated 4.4.2007 passed by the Judicial Commissioner, Ranchi in Cr. Rev.No. 25 of 2007 by which the Criminal Revision preferred against the order dated 12.2.2007 by the petitioner was refused upholding the order of the Trial Magistrate.

(2.) I find that the learned Judicial Magistrate, Ist Class, Ranchi rejected the petition of the petitioner under section 311 Cr.P.C. on 6.12.2006 on the ground that the petitioner had earlier also preferred a petition under section 311 Cr.P.C. almost for the same relief and against which Cr. Rev.No. 111 of 2006 was preferred by the petitioner and the same was allowed according her opportunity to produce all the required witnesses within the time frame but the petitioner failed to avail such opportunity and therefore, Cr.Rev. No. 25 of 2007 was dismissed by the Judicial Commissioner, Ranchi on the ground that the petitioner did not avail the opportunity which was granted to her earlier for adducing evidence and the intention of the petitioner was only to linger the matter.

(3.) IN the facts and circumstances, there being no merit, this writ petition (Cr.) is dismissed with the direction to the trial court to expedite the trial so as to conclude preferably within two months from the date of receipt of a copy of this order.