NITIN @ MENU Vs. STATE

JUDGEMENT

(1.) The petitioner by filing the present petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has assailed the order dated 11.07.2014 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi whereby the application under Section 311 Cr.P.C. filed by the petitioner was dismissed.

(2.) In short, the facts giving rise to the present petition are that the petitioner is facing trial in case FIR No.190/2009 under Sections 302/307/364/201/147/148/149 IPC read with Sections 25/27/54/59 of Arms Act registered at P.S. Kapashera, New Delhi. The charges under aforementioned sections was framed on 21.5.2011. The prosecution evidence was recorded. Thereafter, the petitioner moved an application under Section 311 Cr.P.C. for recalling of eight prosecution witnesses, which was dismissed by learned ASJ/Special Judge (NDPS), Dwarka. Feeling aggrieved by the said order, the petitioner has filed the present petition.

(3.) Learned counsel for the petitioner contends that prosecution has examined 54 witnesses. He submits that the petitioner was represented by some other counsel in the trial court proceedings who moved an application under Section 311 Cr.P.C. for recalling Shri Satya Pal (PW-1), Shri Yoginder (PW-5), Shri Rishi Raj (PW-8), Shri Raj Pal (PW-9), Shri Ashok Kumar (PW-22), Constable Raj Kumar (PW-27), Dr. B.N. Mishra (PW-35) and ASI Dhanesh Kumar (PW-40).