Israil Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P.No.339 of 2017

1. Israil Khan, aged about 35 years, S/o Ismail Khan,

2. Jivrail Khan, aged about 30 years, S/o Ismail Khan,

3. Sarifun Bee, aged about 50 years, W/o Ismail Khan

4. Ismail Khan, aged about 55 years, S/o Marhum Subhan Khan, All R/o Behind Masjid, Sanjay Nagar, Tikrapara, Raipur, Dist. Raipur (CG) ---Petitioners

Versus

1. State of Chhattisgarh Through the District Magistrate, Raipur (CG)

2. Salma Begum wife of Ijrail Khan, R/o Gosiya Chowk, Sanjay Nagar, Tikrapara, Raipur, Tah: & Dist: Raipur (CG) ---Respondents For petitioners :

Mr.J.K.Gupta, Advocate For Respondent No.1 :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 04/04/2017

1. In a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005, the trial Court closed the petitioners opportunity to lead the evidence, against which, this petition has been filed.

2. I have heard learned counsel for the petitioners.

3. The trial Court has clearly recorded a finding that complainant's opportunity to lead the evidence has been closed on 18.12.2015 and thereafter 16 opportunities were given to the petitioners herein to adduce the evidence, but they did not avail those

opportunities.

4. Considering the dispute between the parties and material available on record, I deem it appropriate to grant one opportunity to the petitioners to adduce the evidence subject to payment of cost of ₹ 5000/- to respondent No.2.

5. The petitioners are directed to pay ₹ 5000/- to respondent No.2 on the next date of hearing and also directed to examine their witnesses on the next date of hearing or any other date fixed by the trial Court in that behalf.

6. With the aforesaid observation, the petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) JUDGE B/-