LAKHBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been preferred under Section 482 Cr.P.C. against the two orders dated 17.5.2019, passed by learned Special Judge, Chamba rejecting Cr. M.A. Nos. 465 and 466 of 2019, which were filed by petitioner respectively under Sections 91 and 311 of the Code of Criminal Procedure (in short 'Cr.P.C.') during pendency of trial.

(2.) I have heard Mr. Kul Bhushan Khajuria, learned counsel for the petitioner and Mr. R.P. Singh learned Deputy Advocate General for the respondent and have also gone through the record of the Trial Court which was summoned during the pendency of the present case.

(3.) It is undisputed that after closing defence evidence on 7.5.2019, petitioner had preferred an application Cr.MA No. 465 of 2019 under Section 311 Cr.P.C. on 15.5.2019 for re-examining DW Regional Manager and production of CCTV footage and earlier, in April 2018, when petitioner was in judicial custody as under trial prisoner, he had preferred an application, later on numbered as CrMA No. 466 of 2019, through Jail Superintendent for production of CCTV footage and both these applications were taken up together by Special Judge on 15.5.2019 and were listed for replies on 16.5.2019 on which date after filing reply, these applications were listed for arguments on the same day at 2:30 p.m. and after hearing arguments, these applications were listed for orders on 17.5.2019 and on that day after passing of the impugned orders, the main case was also taken up for hearing and thereafter it was listed on 20.5.2019 for passing final orders. On that day i.e. 20.5.2019, an application Cr.MA No. 487 of 2019 was filed on behalf of petitioner-accused for seeking time to file revision against orders dated 17.5.2019 whereby applications preferred by petitioner were dismissed. The said application Cr.MA No. 487 of 2019 was dismissed by learned Special Judge on the same day on 20.5.2019 and thereafter vide even dated separate judgment passed by learned Special Judge, petitioner has been convicted under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and thereafter case was adjourned for 1.6.2019 for hearing the petitioner-accused on quantum of sentence.