STATE OF HIMACHAL PRADESH Vs. DEEN MOHD

JUDGEMENT

(1.) Cr. MP No. 270 of 2013

(2.) Submission made by the learned counsel appearing for the respondent that if this power is not available with the trial Court and the Supreme Court after interpretation of the relevant provisions of law severely curtailed the power of the trial Court for ordering resampling, it cannot be resorted to after a period of nine years by this Court in appeal more so when nothing exceptional has been brought on record.

(3.) Learned counsel also submits that it is in rare cases that these powers can be invoked within a reasonable time. We do not consider nine years to be a reasonable period.