The High Court dismissed a criminal miscellaneous petition challenging the dismissal of an application to examine witness statements. It upheld the Sub Divisional Magistrate's order finding the petitioners' delay in producing evidence constitutes misuse of process.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-12945 of 2011 Date of decision:-02.5.2011
Jagdish Chander and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. Jaswant Jain, Advocate for the petitioners.
RITU BAHRI J.
The petitioners have challenged the order dated 18.4.2011 (Annexure P-1) passed by the Sub Divisional Magistrate, Hisar by which the application filed by the petitioners for examining 96 persons in the proceedings initiated under Section 145 Cr.P.C. has been dismissed.
In the order dated 18.4.2011 it has been specifically observed that the petitioners had been given an opportunity to examine four witnesses on 27.11.2010. Thereafter, they examined five witnesses till 29.3.2011. On their oral request, they were given time to produce their remaining evidence. While declining the prayer for examining 96 persons, mentioned in the list, the Court has observed that this is to delay the proceedings as he has examined only nine witnesses in the last three years.
No ground to interfere in the impugned order is made out. The criminal miscellaneous petition is dismissed.
May 02, 2011 Vijay Asija
( RITU BAHRI ) JUDGE
1 issue framed by the court
Whether the Sub Divisional Magistrate erred in dismissing the petitioners' application to examine 96 witnesses for delay in proceedings under Section 145 Cr.P.C.
1 provisions across 1 enactments
Jagdish Chander and others
State of Haryana and others
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
