Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.2206/SS/2018
Exh.33
ORDER BELOW EXH.33
1. Application is filed by accused u/s.311 of Cr.P.C. for
recalling C.W.1.
2. Brief contentions in the application are as under:
No cross order was passed by this Court and statement of
accused under Section 313 of Cr. P.C. is also recorded. He prayed that
one opportunity may me granted and C.W.1 be recalled in the interest
of justice. Hence, this application.
3. Complainant has raised objection by filing her reply
(Exh.34) to this application. It is submitted that application is filed at
fag end of the case post being privy to final arguments of the
complainant. Application is filed on part of accused to fill up the lacuna
post recording statement under Section 313 of Cr. P.C. It is next
submitted that accused has conveniently and intentionally slept over his
legal right despite being provided with sufficient opportunity for cross-
examination. It is lastly submitted that accused has miserably failed to
assign or site any satisfactory reason as to why intervening
circumstances prevent him to utilized opportunity within time. Hence,
he prayed to reject the application with compensatory costs.
4. Heard advocate for both sides.
5. Perused record. It appears that no cross order has been
passed against accused on 23/09/2022. Complainant has closed her
evidence on 06/07/2023. Even the statement of accused under Section
313 of Cr. P.C. is recorded on 30/08/2023. It is settled law that
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2 C. C. No.2206/SS/2018
Exh.33
application under Section 311 of Cr. P.C. can be filed at any stage. Only
embargo is that evidence of such witness should be essential to the just
decision of the case. Considering this fact and ground mentioned by in
the application, interest of justice requires that accused may be given
fair opportunity to put up his defence. So applications deserves to be
allowed. At the same time, it cannot be ignored that there has been
delay in the disposal of case due to him, so some cost is necessary to be
saddled on him. In the result, I pass following order :
ORDER
1. Application is allowed subject to payment of costs of
Rs.3,000/- (Rupees Three Thousand Only) to the
complainant.
2. C.W.1 be recalled on payment of cost amount.
Date : 07/08/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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