JAGDISH SHISHODIA Vs. DOLE RAJ THAKUR

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 25.3.2017, passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P., whereby an application having been filed by the petitioner ( for short 'accused) under section 311 of the Code of Criminal Procedure, 1973 for examination of additional witnesses came to be dismissed, petitioner-accused has approached this Court in the instant proceedings filed under section 482 of the Code of Criminal Procedure, 1973 praying therein to quash and set-aside the impugned order dated 25.3.2017 and allow him to examine additional witnesses in support of his case.

(2.) Having carefully perused impugned order dated 25.3.2017, this Court sees no reason to interfere in the impugned order passed by the learned court below, which otherwise appears to be based upon the correct facts and law. However, taking note of the fact that learned counsel representing the accused, while moving an application under Section 311 Cr.P.C,, 1973 failed to assign specific, cogent and convincing reasons for examining the additional witnesses, as a consequences of which, application came to be dismissed, this Court is of the view that litigant cannot be allowed to suffer on account of fault/omission, if any, committed by the counsel representing him/her in the court.

(3.) Accordingly, this Court without going into merits and correctness of the impugned order, deems it fit to grant one opportunity to the accused to move application afresh , if any, under Section 311 Cr.P.C., 1973 assigning therein cogent and specific reasons for examining the additional witnesses in support of his case but that shall be subject to costs of Rs. 5000/- payable to the respondent/complainant.