Raghu Ram vs State of Himachal Pradesh, Kirpi Devi and Mast Ram

Kuldip Singh, J.—This petition has been filed for quashing the order dated 31.12.2011 passed by learned Judicial Magistrate Ist Class, Chopal, District Shimla in Case No. 83-1 of 2008/2004 declining petitioners and respondents No. 2 and 3 the opportunity to cross-examining prosecution witness Noori Devi. It has been submitted by learned counsel for the petitioners that Devinder Sharma, Advocate was appointed as Commissioner to record the statement of Noori Devi. The Commissioner fixed the date for recording the statement of Noori Devi and informed the counsel for petitioners vide letter dated 17.12.2011, Annexure P-1. Later on the Commissioner vide another letter dated 24.12.2011, Annexure P-2 changed the venue of recording the statement of Noori Devi but the letter dated 24.12.2011 was not received by the counsel representing the petitioners. The Commissioner visited the spot on 30.12.2011 and recorded the statement of Noori Devi, none appeared on behalf of the petitioners and respondents No. 2 and 3 to cross-examine the Noori Devi. The Commissioner submitted the report to the learned Judicial Magistrate on 31.12.2011. On 31.12.2011 the learned Judicial Magistrate declined the request of the petitioners to cross-examine the witness Noori Devi.

Heard. The Commissioner informed the learned counsel for the petitioners and respondents No. 2 and 3 vide letter dated 24.12.2011 and fixed the date 30.12.2011 and venue for recording the statement of Noori Devi. There is nothing on record except the bald assertion of the petitioners that letter dated 24.12.2011 was not served on the learned counsel for the petitioners and respondents No. 2 and 3. However, in the interest of justice only one opportunity is given to the petitioners and respondents No. 2 and 3 to cross-examine the witness Noori Devi. In view of above, the order dated 31.12.2011 passed by learned Judicial Magistrate Ist Class, Chopal in Case No. 83-1 of 2008/2004 is set aside. The learned Judicial Magistrate is directed to again appoint the Commissioner at the costs of petitioners and respondents No. 2, 3 for cross examination of Noori Devi by petitioners and respondents No. 2 and 3 and fix an appropriate date for the purpose. The parties through their counsel are directed to appear before the learned Judicial Magistrate Ist Class, Chopal on 24.4.2012. The record of the case be sent back immediately so as to reach before the date fixed. The pending Cr. MP No. 87 of 2012 is also disposed of in view of the disposal of the main petition.