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2013 DIGILAW 1521 (PNJ)

Harjit Singh v. Jagmeet Kaur

2013-11-21

Jitendra Chauhan

body2013
JUDGMENT Mr. Jitendra Chauhan, J.: - The present petition under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 22.7.2013, passed by the learned JMIC, Patti, in complaint No.56 dated 9.11.2009, titled as “Jagmeet Kaur vs. Harjit Singh and others” and the order dated 26.9.2013, vide which the charges have been framed against the petitioners. 2. The brief facts of the case are that petitioner no.1 solemnized marriage with the sole respondent in the month of February, 2006 and two children born out of the said wedlock. Due to some reasons, the differences arose between the parties. The respondent filed a complaint under Sections 498-A and 406 of IPC in the Court of JMIC, Tarn Taran. 3. Learned counsel contends that the learned trial Court deprived the petitioners to cross-examine the prosecution witnesses. On account of ill health, the counsel for the petitioners could not cross- examine the prosecution witnesses. He seeks one last opportunity to cross-examine the prosecution witnesses. Heard. 4. The learned JMIC while closing the prosecution evidence has categorically recorded as under:- “CW are again present for their cross-examination but the above witnesses are not examined by learned defence counsel since this court has granted opportunity to defence cross these witnesses and inspite of that the above witnesses are not examined, therefore, this Court finds no justification for granting further time to learned defence counsel for cross-examination of above 3 PWs. Hence, cross-examination of above 3 witnesses Jagmeet Kaur, Sawinder Kaur and Hardeep Kaur are treated as nil.” 5. From perusal of the record, it emerges that the learned trial Court has granted sufficient opportunity to the petitioners to cross-examine the prosecution witnesses, but despite that they could not cross-examine. The said order was passed on 22.7.2013, and now the charges have been framed against the petitioners under Section 498-A of IPC only. The case is more than four years old. The trial Magistrate was justified in not granting further adjournment to cross-examine the witnesses. 6. In view of the above, this Court finds no illegality, perversity or infirmity in the orders passed by the learned courts below. Accordingly, the present petition is dismissed being devoid of any merit. ---------0.B.S.0------------