if f^lt^ ^ HIGH COURT OF CHHATTISGARH AT EILASPUR Ct.M.P. No. 533/2009 Mrs, Meena W/o Not Known D/o' Kejuram Khopragade, R/o Qr. No. 9/BW rype, Street No.2, Township Dalli Rajhara, TahsU Balod District Durg (C.G.). ACCUSED VERSUS HON-APPUCANT Jogendra" Thakur @ Kaju S/o Raghuveer Singh Thakur, aged about 33 years, R/o Qr. No. 138/B, Township Dalii Rajhara District Durg (C.G.). APPLICATION UNDER SBCTION 482 OF CODE OF CRIMINAL PROCEDURE. (SB :Hon'Me M».T.P.Sharma, J.$ Present:- Shri Sudhir Verma, Advocate for the applicant/petitioner. QRAL-ORDER (Passed on 08/10/2009) 1. This petition is filed under Section 482 of the Code of Ciimiual Procedure, 1973 (iu short 'fhe Code') agamst fhe order dated 17/8/2009 passed by fhe Judicial Magistrate Firat Class, DalU Rajhara District Durg in crmunal case No. 61/2009 whereby leamed Judicial Magistrate First Class, DaUi Rajhara has closed fhe opporturuty of adduciag defence evidence. 2. Leamed counsel for fhe petitioner are heard. 3. Learaed counsel for the petitioaer argued that present petitiouer was not present on 17/8/09 before the trial court for examiauig berself and one witaess as a defence evidence aad was out of station for ticataient of her daughter. 4. Leamed counsel .for tfae petitioner fraukly admits aad submits fhat one date for exaaiiuation of petitioner and her sister in defence ^'s" '"A: tlinaa' z. 6. would be sufficient for her and wiU suf&ces fhe case of the com.plainau.t. Leamed Court below has after takiag iato consideiation the opportunity given to the coinplaiaant has closed fhe opportunity ofadducing ofdefence evidence. Leamed counsel for the petitioner further argued ttiat case is stiU penduig before the trial Court and has not disposed of the case finaUy. The case is pending before the trial Court stuce 2006 and only 2 opportunities has been provided to fhe present petitioner aad if oue opportunity is piwvided to tfae petitioner that would not fi-ustrated fhe purpose of cruninal justice. To secure the ends of justice with a view of disposal of the case by rmpartial aad fair trial one opportuuity to the petitioner is necessary. Consequently, the Court below is directed to provide one opportuaity to the petitioaer for exaiuiaation hersetf aad her \>ritaesses whoin she will produce on 5th of Noveinber-2009 aad proceed further. With above observation fhis petition staads disposed of accordingly. Certi&ed copy as per rules. Sd/- T.P, Sharma Judge ^