Criminal Misc. No. M-33254 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33254 of 2010 Date of decision : 12.11.2010 M.K. Shishodia ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Manjeet Singh, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a petition under Section 482 Cr.P.C. seeking quashing of the order dated 14.10.2010 passed by Judicial Magistrate Ist Class, Panchkula (Annexure P-8) whereby prosecution evidence was closed by order. Learned counsel for the petitioner has argued that closure of evidence by the court has resulted in gross injustice to the petitioner as he was denied the opportunity to put forward his evidence. He, therefore, submits that impugned order deserves to be set-aside. I have heard learned counsel for the petitioner. A perusal of the order shows that charge in the case was framed on 11.07.2005 and since then the case has been pending at the stage of recording of prosecution evidence. The examination in chief of the petitioner was completed on 08.09.2006. Thereafter, the petitioner refused to appear before the court for cross-examination on the ground that he was facing security threat. For appearing before the court, he put a condition that adequate security be provided to him. The court came to the conclusion Criminal Misc. No. M-33254 of 2010 2 that petitioner who is an advocate did not want to appear for cross- examination. Learned counsel appearing for the petitioner has not been able to point out any legal infirmity with the order. In fact a perusal of the order shows that case was fixed for recording statements of the accused under Section 313 Cr.P.C. on 20.10.2010. The present petition has been preferred only in second week of November, 2010. Keeping in view the fact that petitioner did not appear before the trial court for recording his cross-examination and was responsible for keeping the case pending for number of years, this court is of the view that exemplary costs need to be imposed on him. The present petition is thus dismissed with Rs. 10,000/- as costs to be remitted to Legal Services Authority, Haryana. November 12, 2010 (RAJAN GUPTA) Ajay JUDGE