Ram Kumar & Ors. Vs State of Haryana

Challenge is to the order dated 1.9.2011 (Annexure P-4) whereby the learned Additional Sessions Judge, Kurukshetra, on a revision has set aside the order dated 17.5.2011 passed by the Judicial Magistrate Ist Class, Kurukshetra.

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It is not disputed that prosecution was given 16 opportunities w.e.f. 13.3.2006 to 17.5.2011 when the evidence was closed. The revisional court observed that the examination-in-chief of the complainant was recorded but his cross-examination was deferred. Thereafter, as per record, complainant Ghansham, PW3, was not summoned again after 26.10.2008. As the crossexamination of complainant has not been conducted, his statement will not be treated as complete. However, the statements of other witnesses, namely, Puran Chand, Maya Ram, Investigating Officer and ASI Jitender Singh were yet to be examined.

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2

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CRR No.2127 of 2011

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The FIR was registered in the instant case on 18.6.2005 and without cross-examination of complainant, the trial will not come to its logical conclusion.

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The next date fixed before the trial Court is 12.6.2012.

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In view of the above, the present revision petition is disposed of by giving direction to the trial Court to conclude the evidence of the prosecution by giving one opportunity subject to costs of Rs.5,000/-. However, it is made clear that no further time

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shall be given.

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25.4.2012 mks

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(RITU BAHRI) JUDGE

Ram Kumar & Ors. v. State of Haryana

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Ram Kumar & Ors. v. State of Haryana

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