Himta Devi Vs Gulam Sabir — Himachal Pradesh HC (2026) — LawSathi Research

Himta Devi Vs Gulam Sabir — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; impugned order dated 13.08.2025 quashed and set-aside; one last opportunity granted to the petitioner to lead defence evidence subject to payment of Rs.5000/- cost to the respondent; petitioner to appear before the Court below on 07.04.2026 and take steps for summoning defence evidence, failing which no further opportunity would be given and the order dated 13.08.2025 would automatically revive; any further opportunity conditional on payment of the awarded cost; pending applications, if any, disposed of.

Issue for consideration

Whether the order dated 13.08.2025 passed by the learned Judicial Magistrate, First Class, Nahan, closing the petitioner's defence evidence, should be quashed and set aside and the petitioner granted one more opportunity to lead defence evidence.

Court's answer

As a matter of indulgence and in the interest of justice, the Court deemed it fit to grant the petitioner one last opportunity to lead defence evidence, subject to payment of cost amounting to Rs.5000/- payable to the respondent.

Ratio / Principle

The present petition is allowed and the impugned order dated 13.08.2025 passed by the learned Judicial Magistrate, First Class, Nahan, District Sirmour, Himachal Pradesh is quashed and set-aside.

Key takeaways

Learned counsel for the petitioner undertook that the petitioner would cause his presence before the learned Court below on 07.04.2026, on which date steps are to be taken for summoning the defence evidence.ratio¶14
If steps for summoning defence evidence are not taken on the given date, no further opportunity would be provided by the learned Court below and the order dated 13.08.2025 would automatically revive.ratio¶16
Further opportunity to lead defence evidence in terms of the instant order shall only be provided by the Court below subject to payment of the cost awarded by this Court.

Detailed headnote1 paragraphs

Criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita filed by Himta Devi against Gulam Sabir, challenging the order dated 13.08.2025 passed by the learned Judicial Magistrate, First Class, Nahan, District Sirmour, in case No.383 of 2019, whereby the petitioner's defence evidence was ordered to be closed despite repeated opportunities. The respondent, though duly served, did not appear and the matter was decided in his absence. Holding that the Court below had no option but to close the evidence, yet acting as a matter of indulgence and in the interest of justice, the High Court allowed the petition, quashed and set aside the impugned order, and granted the petitioner one last opportunity to lead defence evidence subject to payment of cost of Rs.5000/- payable to the respondent. Counsel undertook that the petitioner would appear before the Court below on 07.04.2026 to take steps for summoning the defence evidence; upon failure, no further opportunity would be given and the order dated 13.08.2025 would automatically revive. Any further opportunity in terms of the order was made conditional on payment of the awarded cost. Pending applications, if any, stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No.821 of 2025

Date of Decision: 10.03.2026

________________________________________ Himta Devi	_______________ …….Petitioner
Versus
Gulam Sabir	… Respondent
________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹	_______________

For the Petitioner: Mr. Sunit Dutt Gautam, Advocate.

For the Respondents : Nemo.

_______________________________________________________ Sandeep Sharma, Judge (oral):

Being aggrieved and dissatisfied with the order dated 13.08.2025, passed by learned Judicial Magistrate, First Class, Nahan, District Sirmour, Himachal Pradesh in case No.383 of 2019, whereby defence evidence of the petitioner herein has been ordered to be closed, petitioner has approached this Court in the instant proceedings filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, praying therein to quash and set-aside aforesaid order dated 13.08.2025 and grant him one more opportunity to lead defence evidence.

1 Whether the reporters of the local papers may be allowed to see the judgment?

2

Though, pursuant to the notice issued in the instant proceedings, respondent was duly served, but he chose not to come present and as such, this Court has no option, but to decide the case at hand in his absence.

Though, careful perusal of impugned order dated 13.08.2025 suggests that despite repeated opportunities, petitioner herein failed to lead evidence in defence and as such, Court below had no option, but to close the evidence, however this Court as a matter of indulgence and in the interest of justice, deems it fit to grant one last opportunity to the petitioner herein to lead evidence in defence that too subject to payment of cost amounting to Rs.5000/- payable to the respondent herein. Ordered accordingly.

Consequently, in view of the above, the present petition is allowed and impugned order dated 13.08.2025 passed by learned Judicial Magistrate, First Class, Nahan, District Sirmour, Himachal Pradesh is quashed and set-aside.

Learned counsel representing the petitioner undertakes to cause presence of petitioner herein before the learned Court below on 07.04.2026, on which date, steps be taken by the petitioner herein for summoning the defence evidence. However, it is made clear that in case steps are not taken on the

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given date, no opportunity would be provided by the learned Court below to the petitioner herein and order dated 13.08.2025 would automatically revive. It is further clarified that further opportunity to lead defence evidence in terms of instant order passed by this Court shall only be provided by the Court below subject to payment of cost, as awarded by this Court. Pending applications, if any, also stand disposed of.

(Sandeep Sharma), Judge March 10,2026 (shankar)