ASHOK KUMAR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CR .M.Ps. No. 310 in Cr. MMO No. 204 of 2011, 311 in Cr.MMO No. 205 of 2011 and 312 of 2012 in Cr.MMO No. 206 of 2011.Replies not to be filed.Heard. The applications are allowed and the status reports filed therewith are ordered to be taken on record.The applications stand disposed of.Cr. MMO No. 204 of 2011 alongwith Cr.MMOs No. 205 & 206 of 2011. Since all these petitions under Section 482 of the Code of Criminal Procedure (in short ˜Cr.P.C.) read with Article 227 of the Constitution of India raise identical questions of facts and law, the same are taken together for disposal by a common judgment.

(2.) BEING aggrieved by the impugned order(s) dated 17.10.2011, which are like in nature, the petitioner (accused) is in revision before this court.

(3.) THE controversy giving rise to the filing of the present petitions arise when the turn of the accused came to lead evidence in defence. Whereas the accused intended to examine as many as eighteen witnesses in defence as per list submitted by him, the learned trial court permitted him to examine only one, namely, Joint Controller (F&A), HPPCB, New Shimla and permission to examine rest of the witnesses has been declined mainly on the ground that it is a device to delay the proceedings.