TMI Blog2022 (1) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... accused to lead evidence with Court assistance so that justice is done to him. Parties through Counsel are directed to appear before the learned Court below on 06.01.2022, on which date, the case shall be listed by the learned Trial Court for summoning the witnesses of the accused. Thus, an opportunity will be given to the accused to lead evidence. If he fails to avail this opportunity, his right to lead evidence will be closed. The indulgence, which has been shown in favour of the petitioner by the Court today, shall be subject to payment of cost of ₹ 5000/- by the petitioner to the complainants - petition disposed off. - Criminal Misc. Petition (Main) U/S 482 CRPC No. 606 of 2021 - - - Dated:- 29-12-2021 - Ajay Mohan Goe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered and allowed for today only for the reasons stated therein. Be now put up for D.Ws. on 18.01.2020. 5. Thereafter, on 18.01.2020, learned Trial Court passed the following order:- An exemption application on behalf of accused filed, which is considered and allowed for the reasons stated therein only for today. No. DWS present today. Perusal of file shows that case was listed for DWS since 15.11.2019, now DWs present, neither any steps for the same have been taken. As such, evidence of the prosecution is closed by the Court's order. Be put up for arguments on 19.02.2020. 6. Feeling aggrieved, the petitioner has preferred this petition. 7. I have heard learned Counsel for the parties and also gone through the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order was passed. This Court is of the considered view that herein there is lapse on the part of the accused but the Court below has also contributed towards this lapse by not undertaking the exercise of going through its orders and ascertaining the fate of the process undertaken by the Court to summon the witnesses in terms of the list of witnesses filed by the accused and the diet money deposited by him. Therefore, in these peculiar circumstances, this Court is of the considered view that interest of justice demands that at least one more opportunity be granted to the accused to lead evidence with Court assistance so that justice is done to him. Ordered accordingly. Order dated 18.01.2020 passed by the learned Trial Court, vide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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