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2014 DIGILAW 258 (UTT)

GURCHARAN SINGH KOHLI v. SAPANA AGARWAL

2014-06-18

SERVESH KUMAR GUPTA

body2014
JUDGMENT Hon’ble Servesh Kumar Gupta, J. Heard Mr. Sudhir Singh, Advocate, for the applicant petitioner. 2. It appears that a criminal trial bearing the latest no. 2658/2014 is going on in the Court of Chief Judicial Magistrate, Rudrapur. The said trial commenced on the institution of the complaint on 17.7.1999. The charge was initially levelled against all the accused persons on 9.8.2004, but it was amended on 20.7.2011. So, on interference by the revisional court, all the witnesses, examined before the amendment of the charge, were recalled for re-examination. The complainant was produced and she was examined and cross-examined in the light of such amended charge. However, as regards two other witnesses, namely, Mohan Singh and Madan Singh Rautela, they could not be produced again as they had retired a number of years ago being the Government Officials. So, the complainant Smt. Sapana Agarwal expressed her inability to produce these two witnesses as their whereabouts were not known to her. She further prayed that since the evidence of these two witnesses, being Government Officials, are formal in nature, so their re-examination may be dispensed with and the proceedings may be permitted to go ahead. 3. The above application of the complainant was not resisted by the learned Counsel of the accused persons in the Trial Court on 11.10.2013 and he sought the time from the Court below enabling him to produce his defence evidence and such time was accorded to him. Thus, after availing the opportunities to produce the defence evidence, he did not adduce the same. So, the Court accorded the last opportunity to him on 9.6.2014 to produce the defence evidence, otherwise it shall be deemed that he has not to produce any defence evidence. When the last opportunity was also not availed by the accused, defence evidence was closed and the case was fixed for hearing the arguments and pronouncement of judgment on 19.6.2014 (tomorrow). This has been challenged by the accused applicant Gurcharan Singh Kohli. 4. Having heard learned Counsel of the applicant petitioner, the Court feels that this petition is utterly bereft of merit and the only purpose of the accused applicant Gurcharan Singh Kohli is to anyhow drag the criminal trial against him even after the fifteen years of its institution. For one reason or the other, he is not permitting the Trial Court to get it concluded. 5. For one reason or the other, he is not permitting the Trial Court to get it concluded. 5. Provisions of Section 217 CrPC are not meant to frustrate the concept of speedy justice especially in the circumstances when the evidence of the witnesses Mohan Singh and Madan Singh Rautela are very formal in nature and, moreover, their whereabouts are not known. So, on this pretext, the criminal trial cannot be permitted to be prolonged any further. 6. Learned Magistrate has made very commendable effort to conclude this trial. 7. This petition is hereby dismissed summarily with special cost of rupees five thousand to be recovered by the Trial Court from the accused applicant Gurcharan Singh Kohli. 8. Let a copy of this order be sent to the Court below today itself by FAX for recovery of the aforesaid special cost and for proceeding further with the said criminal trial. At the top of the forwarding letter, Registry shall mention “For immediate attention of CJM, Udham Singh Nagar”.