Partly allowed

Deepak Gupta v. Krishan Chand

Himachal Pradesh HC4 Jul 2024CRMMO/267/2024

Case brief

AI extract

What is this about?

In a special criminal matter, the single-judge High Court of Himachal Pradesh found no illegality in closing the petitioner-accused's evidence. By way of indulgence and as a last opportunity, it allowed the accused to recall witnesses within two days upon payment of costs.

What did the court decide?

Impugned order quashed; petitioner-accused granted last opportunity to lead evidence within two days upon payment of Rs. 5000 costs to respondent.

Deepak Gupta Vs Krishan Chand — Criminal Trial and Appeal | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr.MMO No. 267 of 2024 Date of Decision:04.07.2024

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-------------------------------- Deepak Gupta	---------------------------------------------------------------- ...Petitioner Versus
Krishan Chand --------------------------------	…Respondent -----------------------------------------------------------------
Coram:
The Hon’ble Mr. Justice *Whether approved for* --------------------------------	Sandeep Sharma, Judge. *reporting?*¹. --------------------------------------------------------
For the Petitioner:	Mr. G.R.Palsra, Advocate.
For the Respondent: -------------------------------	Mr. Vikrant Thakur, Advocate. ----------------------------------------------------------------

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Having heard learned counsel for the parties and perused the material available on record vis-à-vis reasoning assigned in the impugned order dated 22.02.2024, this Court finds no illegality or infirmity in the same and as such, no interference is called for.

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Bare perusal of the impugned order as well as other material adduced on record, clearly reveals that despite repeated opportunities, petitioner-accused failed to lead evidence and as such, Court below had no option, but to close the evidence of the petitioner-accused. Though, this Court finds no illegality or infirmity in the order impugned in the instant proceedings, but by way of indulgence and as a last opportunity, deems it fit to grant one last opportunity to the petitioner-accused to lead

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1 Whether reporters of the local papers may be allowed to see the judgment?

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evidence, subject to costs amounting to Rs.5000/- to be paid to the respondent.

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Consequently, in view of the above, the present petition is allowed and impugned order dated 22.02.2024, passed by learned Court below is quashed and set-aside inasmuch as evidence of the petitioneraccused has been closed. The petitioner-accused is directed to file process fee for obtaining Dasti summons from the Court concerned for recording the statements of the remaining witnesses within a period two days. After receipt of process fee alongwith diet money, if any, within aforesaid period, Court concerned may give one date for recording the statement of the remaining witnesses and in case, no steps are taken pursuant to the directions contained in the instant order, order dated 22.02.2024 shall automatically revive and no more opportunity would be given to the petitioner-accused to lead the evidence. Aforesaid order passed by this Court is subject to payment of costs of Rs. 5000/- payable to the respondent. PF, if any, filed by the petitioner-accused in terms of instant order shall not be accepted till the time receipt of payment of cost is shown to the Registry of the Court below.

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Pending application(s), if any, also stands disposed of.

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(Sandeep Sharma), Judge

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July 04, 2022 (shankar)

Deepak Gupta v. Krishan Chand

Case brief

What is this about?

What did the court decide?

Deepak Gupta v. Krishan Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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