Devendra Gupta vs The State Of U.P And Anr.
2015 Latest Caselaw 882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 
Case :- U/S 482/378/407 No. - 2667 of 2015
 
Applicant :- Devendra Gupta
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Santosh Srivastav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri Santosh Srivastav, learned counsel for the applicant and learned A.G.A. for the State of U.P. and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 12.05.2014 contained in Annexure-2 closing the opportunity of the defence of the applicant and impugned order dated 16.02.2015 contained in Annexure-3, dismissing the application of the defence and other reliefs.

It is submitted on behalf of the applicant that his defence has been closed and case has been placed under arguments and if he will not be permitted to submit his defence in he case, gross injustice will be caused to him and he may be deprived from getting justive. He has also undertaken before this Court that in case the applicant is permitted to produce his defence witnesses, he will not seek any adjournment.

Learned counsel for the applicant submits that applicant desires to produce Santosh Singh and Savitri as defence witnesses

Learned A.G.A. has opposed the prayer on the ground that after closing the defence evidence, nothing has been done by the applicant on so many subsequent dates fixed in this case.

Keeping in view of the above submissions of learned counsel for the parties, I am of the view that in the interest of justice, applicant shall be provided at least one last opportunity as prayed by him.

In view of the above, this application is disposed of on the following terms and conditions :

(1) Applicant will produce defence witnesses Santosh Singh and Savitri on the next date fixed in the case.

(2) Learned lower Court is directed to record the evidence of defence witnesses produced by the applicant on the date next fixed in the case.

(3) In case the applicant fails to fulfill his undertaking given by him for producing defence witnesses Santosh Singh and Savitri on the next date fixed in the case before the learned Trial Court, this order will automatically loose its sanctity.

Order Date :- 11.6.2015

Monika