ANUPAM KUMAR DIDWANIA Vs. H.S. TOKI

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Article 227 of the Constitution of India against order dated 04.04.2014 passed by learned Additional Sessions Judge (Central) , Delhi whereby the revision petition filed by the petitioner was dismissed.

(2.) BRIEF facts giving rise to the present petition are that the petitioner is facing trial in complaint case bearing CC No. 10/4/2010 under Section 276 -C(2) of Income Tax Act for the assessment year, 1995 -1996. The complaint was filed after obtaining requisite sanction dated 31.01.2007 from the Commissioner of Income Tax, Central Circle -25, New Delhi. The evidence of complainant, Mr. H.S. Toki was recorded and the case was fixed for defence evidence. The petitioner moved an application under Section 311 of Cr.P.C. for recalling prosecution witness namely, Mr. H.S. Toki for further cross -examination. The said application was dismissed by learned trial court vide order dated 02.04.2014.

(3.) FEELING aggrieved by order dated 04.04.2014, the petitioner has preferred the present petition.