JEEVAN JENA Vs. STATE OF NCT

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C challenging the impugned orders dated 18.08.2015 and 17.10.2015 passed by learned Metropolitan Magistrate (NI Act)/Patiala House Courts/New Delhi in case title "Mahender Singh Rawat Vs. Jeevan Jena" C.C. No. 814/1 dismissing the application filed by the petitioner herein under Sec. 311 Cr.P.C.

(2.) It is submitted by learned counsel for the petitioner-accused that out of total 11 cited witnesses only three were examined by the petitioner-accused and vide impugned order dated 18.08.2015 defence evidence was closed. Thereafter, the petitioner-accused filed an application under Sec. 311 Cr.P.C seeking examination of 5 witnesses before the Court below which was dismissed vide impugned order dated 17.10.2015. Learned counsel for the petitioner-accused has further submitted that to meet the ends of justice, the impugned orders be set aside and the petitioner-accused be allowed to lead his additional defence evidence.

(3.) Learned counsel for the respondent has submitted that he has no objection if the petition is allowed and the petitioner-accused is granted an opportunity to lead his additional defence evidence in a time frame manner.