SURENDER SINGH Vs. ASHOK MITTAL AND OTHERS

JUDGEMENT

(1.) The present petition lays challenge to order dated 28.04.2012, passed by the Judicial Magistrate Ist Class, Faridabad, whereby the application filed by the petitioner (complainant therein) under section 311 of the Code of Criminal Procedure (in short, 'the Code'), has been dismissed and evidence of the prosecution has been closed by order of the Court. Counsel for the petitioner submits that the trial Court dismissed the application filed by the petitioner, without correctly and properly appreciating the provisions of section 311 of the Code. It is further submitted that the reasons recorded by the trial Court for dismissal of the application cannot stand the test of judicial scrutiny because delay in conclusion of trial cannot be the sole criteria for rejecting the prayer for examination of a witness, whose evidence is otherwise necessary, for the just decision of the case.

(2.) Counsel for the respondents, on the other hand, has supported the impugned order with the submissions that as the petitioner is interested to prolong the conclusion of the proceedings and filed the present application to fill up gaps and lacunae left in his case, the trial Court has rightly dismissed the application.

(3.) I have heard counsel for the parties and perused the records. A relevant extract from order dated 28.04.2012, passed by the Judicial Magistrate Ist C lass, Faridabad, reads as follows:-