MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been preferred by the petitioner against the impugned order dtd. 5/11/2022 passed by the Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Behror, District Alwar in Criminal Case No.196/2020 by which application filed by the learned Public Prosecutor under Sec. 311 Cr.P.C. has been allowed.

(2.) Learned counsel for the petitioner submits that the petitioner is facing trial for the offences under Sec. 419, 420, 467, 468, 471 and 120B IPC before the trial Court since last nine years. Counsel submits that when the matter reached at the stage of final arguments, learned Public Prosecutor submitted an application under Sec. 311 Cr.P.C. for summoning PW-18 Nihal Singh. However, the said application was allowed by the trial Court and the witness was summoned vide order dtd. 15/2/2021.

(3.) Counsel submits that subsequently one more application under Sec. 311 Cr.P.C. was submitted for summoning the witnesses Narendra Kumar, Dr. Sandesh Agarwal, Rajesh Trivedi and Jagdish Prasad along with relevant documents. Counsel submits that the said application has been allowed by the trial Court vide impugned order dtd. 5/11/2022. Counsel submits that the trial Court has committed an error in allowing the said application at this belated stage of the trial. Hence, interference of this Court is warranted.