C482/494/2023
2023 Latest Caselaw 799 UK

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                                  C482 No.494 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. Sanjay Kumar, Advocate holding brief of Mr. Tapan Singh, Advocate for the petitioner.

Mr. B.P.S. Mer, Brief Holder for the State.

Instant petition has been filed for quashing the proceedings of the Sessions Trial No.23 of 2018, State vs. Dharmendra & others, under Sections 302 & 120B IPC, pending in the court of 2nd Additional District Judge, Roorkee, District Haridwar.

Heard learned counsel for the parties and perused the record.

It is argued that eight witnesses have been examined in the trial.

Learned counsel for the petitioner would submit that two witnesses have named the petitioner during investigation, but they have not stated anything in their statements given during trial.

The charge is not on record. The statements of witnesses recorded under Section 161 of the Code of Criminal Procedure, 1973 (the Code) are also not on record.

In fact, it appears that the petitioner seeks the judgment prior to the conclusion of the trial. Charges have been framed. Eight witnesses have been examined. The trial has proceeded at a substantial length. Under such circumstances, can this Court read the evidence recorded during the trial in a proceeding under Section 482 of the Code and write a judgment? This falls for scrutiny.

Let petitioner produce, at the time of hearing, the charge as well as the statements of the witnesses recorded under Section 161 of the Code.

List this matter on 01.04.2023 after fresh cases as a first case.

(Ravindra Maithani, J.) 24.03.2023

AK