Crl.Misc No. 24525 of 2009 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc No. 24525 of 2009 (O&M) Date of decision : December 16, 2009 R.K.Jain, ...... Petitioner (s) v. Swaran Jayanti Rozgar Yojna Sahari State Urban Dev. Society ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. J.K.Goel, Advocate for the petitioner. Mr. Deepak Bajaj, Advocate for the respondent. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This is a petition for quashing of complaint No.0246 dated 4.11.2000 (Annexure P-18), the summoning order dated 24.7.2001 (Annexure P-19) and the order dated 11.08.2009 (Annexure P-22). By order dated 11.8.2009, the learned Magistrate has held as follows :- “....... However, in the present case no pre-charge evidence of the complainant has been recorded as yet. So, this Court cannot make an opinion as to whether any case is made out against the accused or not. Hence the Crl.Misc No. 24525 of 2009 (O&M) ::2:: accused cannot be discharged u/s 245 Cr.P.C before recording the evidence of the complainant u/s 244. In this view of the matter, I find no merit in the application and same is hereby dismissed.” Counsel for the complainant has stated that now the matter is fixed for tomorrow for pre-charge evidence and he has further undertaken that the entire pre-charge evidence shall be led by the complainant tomorrow. He states that thereafter the application for discharge can be considered afresh by the learned Magistrate in the light of any evidence which may be brought out against the petitioner. Counsel for the petitioner has accepted this. He, however, states that the petitioner has been attending each and every date and that this has caused great prejudice to him. In the circumstances, the presence of the petitioner shall be exempted for tomorrow. After the evidence is led on the next date to be fixed by the trial Court, the trial Court shall reconsider the application of the petitioner for discharge in the light of any evidence which may be brought out against him. It is, however, made clear that no further opportunity shall be granted to the complainant for leading pre-charge evidence. With the above observations, this petition stands disposed of. As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. Copy of this order be given dasti to counsel for the parties under the signatures of the Court Secretary. ( AJAY TEWARI ) December 16, 2009. JUDGE `kk' Crl.Misc No. 24525 of 2009 (O&M) ::3::