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Crl.M.C. 705/2019 HIGH COURT OF DELHI
Date of Order: May 28, 2019
Date of Order: May 28, 2019
CRL.M.C. 705/2019 & Crl.M.A. 2890/2019
SAVITA @ SAKSHI ..... Petitioner
Through: Mr. Jayant Pawar, Advocate.
SAVITA @ SAKSHI ..... Petitioner
Through: Mr. Jayant Pawar, Advocate.
VERSUS
THE STATE (NCT OF DELHI) & ORS. ..... Respondents
Through: Mr. Izhar Ahmed, Additional Public Prosecutor, for respondent
No.1-State with SI Sikander Gautam.
Mr. Rajesh Chugh, Advocate for respondents No.2 to 4.
Through: Mr. Izhar Ahmed, Additional Public Prosecutor, for respondent
No.1-State with SI Sikander Gautam.
Mr. Rajesh Chugh, Advocate for respondents No.2 to 4.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Petitioner is the complainant of FIR No. 587/2007, registered at police station Sarita Vihar, Delhi, whose application under Section 311
Cr.P.C. for summoning the Record Keeper of Arya Samaj Vedic Temple has been dismissed although the additional charge under Section 494 IPC was framed against accused Harinder Chaudhary vide order of 17th November, 2018.
In the impugned order of 3rd December, 2018, the reason put-forth to decline petitioner’s application under Section 311 Cr.P.C. is that vide
2019:DHC:2908 Crl.M.C. 705/2019 order of 17th November, 2018, right of prosecution to lead evidence was closed and the complainant cannot be permitted to fill up the lacuna.
Upon hearing and on perusal of impugned orders this Court finds that the case is at the stage of defence evidence and the examination of the Record Keeper of Arya Samaj Vedic Temple is quite relevant and necessary for just decision.
Consequently, impugned order so far as it rejects petitioner’s application under Section 311 Cr.P.C. is quashed with direction to trial court to ensure that evidence of Record Keeper of Arya Samaj Vedic
Temple is recorded with expedition.
With aforesaid directions, this petition and application are disposed of, while refraining to comment upon merits of this case.
(SUNIL GAUR)
JUDGE
MAY 28, 2019 r 2019:DHC:2908
Petitioner is the complainant of FIR No. 587/2007, registered at police station Sarita Vihar, Delhi, whose application under Section 311
Cr.P.C. for summoning the Record Keeper of Arya Samaj Vedic Temple has been dismissed although the additional charge under Section 494 IPC was framed against accused Harinder Chaudhary vide order of 17th November, 2018.
In the impugned order of 3rd December, 2018, the reason put-forth to decline petitioner’s application under Section 311 Cr.P.C. is that vide
2019:DHC:2908 Crl.M.C. 705/2019 order of 17th November, 2018, right of prosecution to lead evidence was closed and the complainant cannot be permitted to fill up the lacuna.
Upon hearing and on perusal of impugned orders this Court finds that the case is at the stage of defence evidence and the examination of the Record Keeper of Arya Samaj Vedic Temple is quite relevant and necessary for just decision.
Consequently, impugned order so far as it rejects petitioner’s application under Section 311 Cr.P.C. is quashed with direction to trial court to ensure that evidence of Record Keeper of Arya Samaj Vedic
Temple is recorded with expedition.
With aforesaid directions, this petition and application are disposed of, while refraining to comment upon merits of this case.
(SUNIL GAUR)
JUDGE
MAY 28, 2019 r 2019:DHC:2908
JUDGMENT