SHNGAIN LAMARE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Thapa, learned counsel for the petitioner who has submitted that the petitioner had petitioned this Court by this instant petition seeking recall of the order dtd. 20/12/2021 by which the learned Trial Court had closed the evidence of the defence witnesses as regard the petitioner herein and has proceeded with the matter for final argument. Submitting that the petitioner would lose an opportunity for being heard and defended, as far as his rights is concerned, if the defence witnesses from his side could not be examined, the learned counsel for the petitioner therefore prays that the said impugned order be set aside and quashed and for ends of justice, the learned Sessions Judge, West Jaintia Hills District, Jowai be directed to allow the defence witnesses to be examined.

(2.) Mr. K.P. Bhattacharjee, learned GA appearing for the State respondent has also submitted that considering the offence involved being serious in nature that is, one under Sec. 302/34 IPC, no strong opposition is made against the prayer of the petitioner.

(3.) This Court on consideration of the submission made and on perusal of the petition in hand as well as the records which was duly produced before this Court on being directed, has noticed that the petitioner was not represented on the date the impugned order was passed, for which the DWs from his side was eventually closed. However, the learned counsel for the petitioner submits that for the fault of the lawyer, the petitioner should not suffer.