SATINDER GIRI Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court assailing impugned order dtd. 7/11/2020, passed by Additional Sessions Judge, Nalagarh, District Solan, H.P., in Trial No.224 of 2016, titled as State of H.P. vs. Satinder Giri and another, whereby an application filed by petitioner, under Sec. 311 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') for examining the witness, has been dismissed.

(2.) Petitioner is facing trial being charge sheeted under Ss. 452, 302 and 341 of the Indian Penal Code (in short 'IPC').

(3.) Additional Sessions Judge has rejected the application of the petitioner on the ground that witness proposed to be examined is real brother of the petitioner and he was cited as a prosecution witness in the challan regarding recovery of articles from the spot and his statement was not relevant at belated stage as petitioner-accused was granted opportunity to lead evidence in defence twice, but no witness was desired to be produced by him. It was further concluded by Additional Sessions Judge that application had been filed only to delay trial and, thus, application was dismissed.