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High Court of Punjab and HaryanaCRR/3198/2025allowed

Krishan Kumar @ Krishan Lal v. Kuldeep Singh And Others

2026-01-20Mr. Justice Anoop Chitkara2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3198-2025 (O&M) Date of Decision: 20.01.2026 Krishan Kumar @ Krishan Lal

...Petitioner

Versus

Kuldeep Singh and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Surjit, Advocate for the petitioner.

**** ANOOP CHITKARA, J.

CRM-50504-2025 For the reasons mentioned in the application, delay of 158 days in filing the present petition is condoned.

Application stands allowed.

Main case Criminal Complaint No.

COMI-13-2022 dated 12.04.2022 pending in the court of JMIC, Assandh 1.

Aggrieved by order dated 05.04.2025 passed in complaint captioned above, the complainant has come up before this Court by filing the present revision petition.

2.

Given the nature of order which this Court proposes to pass, there is no necessity of calling any response from the respondents. 3.

On 05.04.2025, the concerned JMIC, Assandh passed the following order:- "An application for exemption from personal appearance of complainant has been filed. Heard. Keeping in view of the grounds mentioned in the application, presence of complainant is exempted for today only.

Today, the case was fixed for preliminary evidence of complainant. Perusal of the case file shows that several opportunities have already been granted to the complainant to conclude its evidence but to no avail. Many opportunity was granted to the complainant to conclude its evidence but it failed JYOTI SHARMA 2026.01.22 10:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

to do so. In such a scenario, this Court is satisfied that no useful purpose shall be served by granting any further opportunity to the complainant to lead evidence. Thus, the preliminary evidence of the complainant is hereby closed by Court order. Now, to come up on 29.04.2025, for arguments on summoning point."

4.

Counsel for the petitioner has handed over self-attested copy of the application for exemption.

5.

I have gone through the same and it was mentioned by the complainant that he could not appear due to illness. The trial Court did not consider this fact. The case is at the stage of preliminary evidence of the complainant and there was no necessity for the trial Court to close the evidence in hurried manner. 6.

Given above, the present petition is allowed and the order dated 05.04.2025 to the extent of closing evidence is quashed and set aside subject to the condition that complainant shall complete his evidence on two effective dates. The trial Court is requested to grant two effective opportunities to the petitioner to conclude his entire evidence.

7.

Complainant is directed to appear before the trial Court on 12.03.2026 i.e. the date fixed before it and bring his witnesses which he can bring on his own on the said date. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 20.01.2026 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:

No.

JYOTI SHARMA 2026.01.22 10:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh