Bijender v. State Of Haryana And Another

136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48872-2023 Date of Decision: October 11, 2023 Bijender

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Abhimanyu, Advocate for the petitioner.

DEEPAK GUPTA , J.(Oral) Petitioner is aggrieved by the order dated 18.08.2023 (Annexure P-4) passed by learned Judicial Magistrate 1st Class, Bhiwani, whereby prosecution evidence has been closed in case titled as "State of Haryana v. Poonam", arising out of FIR No.482, dated 05.08.2018, under Sections 323, 341 and 506 of IPC, registered at Police Station City Bhiwani, District Bhiwani.

Learned counsel for the petitioner contends that petitioner is the complainant of the case and an eye witness. His examination-in-chief has already been recorded. He could not appear before the Trial Court for his evidence on 18.08.2023 due to sickness and that after recording that the prosecution had availed several opportunities, Court closed the evidence.

Learned counsel has referred to medical certificate (Annexure P-5) revealing that as on 16.08.2023, the petitioner was suffering from fever with lose motion and pain in abdomen. This petition is hereby disposed of with a direction to the Trial Court concerned to provide one opportunity to the prosecution for completing the statement of the petitioner-complainant- Bijender and then SARITA RANI 2023.10.10 17:38 I attest to the accuracy and integrity of this document/order

CRM-M-48872-2023 - 2 - proceed further in accordance with law. The Trial Court shall fix a date for appearance of the petitioner for recording his statement. October 11, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.10 17:38 I attest to the accuracy and integrity of this document/order