NARESH @ NARSI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed for quashing of order dated 25.09.2014 passed by the learned Additional Sessions Judge, Rewari wherein the application moved under Section 311 Cr.P.C. by the prosecution for leading additional evidence, has been allowed. FIR No. 44 dated 23.02.2012 under Sections 302, 34 IPC has been registered against the petitioner Naresh @ Narsi alongwith three others. All the accused were proceeded against, charges were framed. The prosecution moved the application under Section 311 Cr.P.C. for summoning the EHC Satbir Singh, Rajesh Kumar, DSP and Nodal Officer, BSNL Rewari with call details of mobile number 9466316978 and 9416696642 from January 2013 to March 2013. This application was moved when the matter was pending for defence and arguments.

(2.) Learned trial Court allowed this application vide impugned order dated 25.09.2014.

(3.) Learned counsel for the petitioner assails the order dated 25.09.2014 primarily on the ground that an application under Section 311 Cr.P.C. does not lie at this stage i.e. when the matter was fixed for the defence and arguments. It is submitted that the case was infact fixed for orders on 30.07.2014, later adjourned to 31.07.2014 and it is on this date i.e. 31.07.2014 that the application was moved by the prosecution.