IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.821 of 2025 Date of Decision: 10.03.2026 _______________________________________________________ Himta Devi …….Petitioner Versus Gulam Sabir … Respondent _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sunit Dutt Gautam, Advocate. For the Respondents: Nemo. _______________________________________________________ Sandeep Sharma, Judge(oral): Being aggrieved and dissatisfied with the order dated 13.08.2025, passed by learned Judicial Magistrate, First Class, Nahan, District Sirmour, Himachal Pradesh in case No.383 of 2019, whereby defence evidence of the petitioner herein has been ordered to be closed, petitioner has approached this Court in the instant proceedings filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, praying therein to quash and set-aside aforesaid order dated 13.08.2025 and grant him one more opportunity to lead defence evidence. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Though, pursuant to the notice issued in the instant proceedings, respondent was duly served, but he chose not to come present and as such, this Court has no option, but to decide the case at hand in his absence. 3. Though, careful perusal of impugned order dated 13.08.2025 suggests that despite repeated opportunities, petitioner herein failed to lead evidence in defence and as such, Court below had no option, but to close the evidence, however this Court as a matter of indulgence and in the interest of justice, deems it fit to grant one last opportunity to the petitioner herein to lead evidence in defence that too subject to payment of cost amounting to Rs.5000/- payable to the respondent herein. Ordered accordingly. 4. Consequently, in view of the above, the present petition is allowed and impugned order dated 13.08.2025 passed by learned Judicial Magistrate, First Class, Nahan, District Sirmour, Himachal Pradesh is quashed and set-aside. 5. Learned counsel representing the petitioner undertakes to cause presence of petitioner herein before the learned Court below on 07.04.2026, on which date, steps be taken by the petitioner herein for summoning the defence evidence. However, it is made clear that in case steps are not taken on the 3 given date, no opportunity would be provided by the learned Court below to the petitioner herein and order dated 13.08.2025 would automatically revive. It is further clarified that further opportunity to lead defence evidence in terms of instant order passed by this Court shall only be provided by the Court below subject to payment of cost, as awarded by this Court. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge March 10,2026 (shankar)