Cr.M.P. No. 532/2009 Mrs. Meeaa W/o Not Known D/o Kejuram i<hopi-agade, R/o Qr. No. 9/BW Type, Sti-eet No.2, Township DaUi Rajhara, Tahsil Balod District Durg (C.G.). APPLICANT: ACCUSBD VERSUS Jogendra Thakur @ Kaju S/o Raghuveer Siugh Thak-ur, aged about 33 years, R/o Qr. No. 138/B, Township DaUi Rajhara District Durg (C.G.). APPLICATION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE. (SB :Hon'ble Mr. T.P.Sharma, J.} Present:- Shri Sudhir Verma, Advocate for the applicant/petitioner. OR&L-OKDER (Passedon 08/10/2009( 1. This petitiou is filed under Section 482 of fhe Code of Criminal Procedure, 1973 (ia short 'fhe Code') against the order dated 17/8/2009 passed by fhe Judicial Magistrate Ftrst Class, DaUi Rajhara District Durg in cnmiaal case No. 62/2009 whereby leamed Judicial Magistrate First Class, DaUi Rajhara has closed the opportunily of adduciag defence evidence. 2. Leamed counsel for fhe petitioner are heard. 3. Learaed couusel for the petitioner argued that present petitioner was not present on 17/8/09 before the trial court for examining herself aad one witaess as a defence evidence aad was out of station for trcatment of her daughter. 4. Leamed counsel for fhe petittoner frankly admits and submits that one date for exainiaation of petitioner and her sister ia defence ^"..^.s,,^ L .:ssys-t.'' "I'S"';'"1 ^ , >..,. Ks€/ ^•" $^g. > 6. would be sufficient for her aad wiU suf&ces the case of fhe complaiBiant. Leamed Court below has after taking into consideration fh.e opportuiiity given to the coinplainant has closed fhe opporttmity ofadducing ofdefence evidence. Leamed counsel for the petitioner farther argued fhat case is stiU pendtng before fhe trial Coiirt and has not disposed of the case finaUy. The case is pending beforc the trial Court siace 2006 and only 2 opportunities has been provided to the present petitioner and if one opportunily is provided to fhe petitioner that would uot fi-ustrated fhe purpose of cruaiaal justice. To secure the ends of justice wifh a view of disposal of the case by impartial and fair trial one opportunity to fhe petitioner is uecessary. Consequenfly, the Court below is directed to provide one opportuiuty to ftie petitiouer for examiuation herself and her witnesses whoni she wffi produce on 5*h of Noveniber-2009 and proceed further. With above observation fhis petition stands dteposed of accordiagly. Certtfied copy as per rules. T.P.Sharma Judge •;'/ 4