Criminal Misc. No.M-7877 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-7877 of 2009 Date of decision : 25.11.2009 Ashu Kalhan ....Petitioner Versus Saurabh Kumar ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Balram Singh, Advocate for the petitioners. Mr. Sarabjit Singh, Advocate for respondent S. D. ANAND, J. The petitioner-accused had initially filed an application dated18.11.2008 (Annexure P-1) for taking legal action against the complainant and other persons for “tampering-forging the documents of the court as per the relevant provisions of law and also for dismissing the complaint”. Thereafter, petitioner-accused filed another application dated 29.11.2008 (Annexure P-2) to obtain leave of the Court to examine hand writing expert. Both these applications were disposed of vide order dated 7.1.2009 by observing that “the said application shall be considered when the case will be at the stage of defence evidence and the application accordingly dispose off.” However, the learned Trial Magistrate ordered the closure of defence evidence vide order dated 13.2.2009. Arguments were heard in part and the matter was adjourned for further arguments on merits thereof. Criminal Misc. No.M-7877 of 2009 -2- *** It was thereafter that the petitioner-accused applied for the recall of order dated 7.1.2009 on the precise averment that the order dated 7.1.2009 appeared to have escaped notice of the learned Trial Magistrate while ordering closure of defence evidence. That application which amounted to recall of order dated 7.1.2009 was rejected by the learned Trial Magistrate. It is apparent from the record that the learned Trial Magistrate did not dispose of relevant application and had announced that “the said application shall be considered when the case will be at the stage of defence evidence and the application accordingly dispose off.” The inescapable conclusion, on the basis thereof, is that the impugned order deserves to be invalidated as it does not indicate that cognizance of order dated 7.1.2009 had been taken before it came to be granted. The petition shall stand allowed accordingly. The learned Trial Magistrate shall proceed to dispose of the pending applications before finally disposing of the case on merits thereof. Disposed of accordingly. November 25, 2009 (S. D. ANAND) Pka JUDGE