Shri. Shngain Lamare vs . State Of Meghalaya.
2022 Latest Caselaw 258 Meg

     Serial No. 01
     Regular List



                        HIGH COURT OF MEGHALAYA
                            AT SHILLONG

Crl.Rev.P. No. 5 of 2022
                                                  Date of Decision: 31.05.2022
Shri. Shngain Lamare              Vs.                    State of Meghalaya.
Coram:
                 Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s)   :         Mr. S. Thapa, Adv.
                                            Mr. S. Chanda, Adv.
For the Respondent(s)             :         Mr. K.P. Bhattacharjee, GA.

i)       Whether approved for reporting in                     Yes/No
         Law journals etc.:

ii)      Whether approved for publication
         in press:                                             Yes/No


                     JUDGMENT AND ORDER (ORAL)

1. Heard Mr. S. Thapa, learned counsel for the petitioner who has

submitted that the petitioner had petitioned this Court by this instant petition

seeking recall of the order dated 20.12.2021 by which the learned Trial Court

had closed the evidence of the defence witnesses as regard the petitioner

herein and has proceeded with the matter for final argument. Submitting that

the petitioner would lose an opportunity for being heard and defended, as

far as his rights is concerned, if the defence witnesses from his side could

not be examined, the learned counsel for the petitioner therefore prays that

the said impugned order be set aside and quashed and for ends of justice, the

learned Sessions Judge, West Jaintia Hills District, Jowai be directed to

allow the defence witnesses to be examined.

2. Mr. K.P. Bhattacharjee, learned GA appearing for the State

respondent has also submitted that considering the offence involved being

serious in nature that is, one under Section 302/34 IPC, no strong opposition

is made against the prayer of the petitioner.

3. This Court on consideration of the submission made and on

perusal of the petition in hand as well as the records which was duly

produced before this Court on being directed, has noticed that the petitioner

was not represented on the date the impugned order was passed, for which

the DWs from his side was eventually closed. However, the learned counsel

for the petitioner submits that for the fault of the lawyer, the petitioner

should not suffer.

4. On this premise and taking an overall pragmatic view of the

matter, it is found fit and proper for ends of justice to allow the prayer of the

petitioner. Accordingly, the impugned order 20.12.2021 is hereby set aside

and quashed. The learned Sessions Judge, West Jaintia Hills District, Jowai

is hereby directed to allow the petitioner to adduce evidence of his witnesses

on the next date fixed. It is made clear that no further opportunity will be

given to the petitioner and he is to present his witnesses, irrespective of the

number of witnesses only on the next date fixed.

5. From the records, it is seen that the next date fixed by the learned

Trial Court is on 28.06.2022. Accordingly, this will be the date when the

defence witnesses will be examined. The petitioner is also put to notice that

he is to present his witnesses on the said date i.e. 28.06.2022, for which no

summons is required to be issued.

6. In view of the above, this petition is accordingly disposed of.

7. Let copy of this order be issued upon the learned Sessions Judge,

West Jaintia Hills District, Jowai for compliance.

8. Registry is directed to send back the Lower Court case record.

Judge

Meghalaya 31.05.2022 "D. Nary, PS"