Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 73 CC NI ACT 565/2023
NITIN RASTOGI Vs. ABHISHEK GIRI /0 (Bhajan Pura)
06.07.2026
(VC proceedings through CISCO Webex)
Present: Mr. Kamal Jindal, Ld Counsel for the complainant through VC.
Complainant in person.
Sh. Anil Giri, Ld Counsel for the accused through VC.
Sh. Prashant, proxy counsel for the accused.
Accused in person.
Matter is fixed for orders on application dt. 13.03.2026.
Ld Counsel for the accused has moved an application for taking defence
evidence on record stating that due to inadvertent mistake and negligence of previous counsel
evidence by way of affidavit of the accused could not be filed.
Heard. Perused and considered.
Perusal of record shows that on 12.02.2026, statement of accused as DW1 was
recorded on SA thereafter, he was cross examined. Also the record shows that on 12.02.2026,
when DW1 was examined, cross examined and discharged Sh. Anil Giri, the present counsel
was same. Therefore, the averment that due to the mistake of previous counsel evidence could
not be submitted, cannot be sustained. Sufficient opportunity was granted to the accused to
put forth his submissions on 12.02.2026.
No reasonable ground is mentioned in the application as to why the accused
wants to file evidence affidavit when he was already examined by the same counsel. Section
311 Cr.P.C. cannot be used to fill lacuna or to cause delay. The application appears to be
nothing but a delay tactics, wasting the time of the court and causing the delay in trial.
Accordingly, application stands dismissed.
Put up for final arguments on 11.08.2026.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
COURT/DELHI/06.07.2026
-- 1 of 1 --