(1.) The present misc. petition has been filed by the petitioner against the order dtd. 4/2/2019 passed by the learned Additional Chief Judicial Magistrate No. 2, Udaipur in Original Criminal Case No. 790/2016, by which, the learned trial court dismissed the application under Sec. 311 Cr.P.C. filed by the petitioner.
(2.) Learned counsel for the petitioner submits that the petitioner is an accused and a reasonable opportunity ought to have been given to the petitioner to defend his case by producing evidence, bu the learned trial court rejected the petitioner's application. Therefore it is prayed that one last opportunity may be granted to the petitioner to produce his defence evidence on the next date fixed by the trial court.
(3.) Per contra, learned Public Prosecutor opposed the prayer made by the petitioner.