Ashwaniprasad v. State NCT of Delhi & Anr

1. Learned counsel for the petitioner submitted that the petitioner shall produce both the witnesses, namely R.P. Aggarwal and Ashok Arya, in the Court on his own responsibility,to lead his defence evidence. I

2. Copyoforderdated02.06.2018isplacedonrecord.

3. Respondent no. 2 stands served, however, none has appeared on its behalf.

4. Learned APPforthe State submittedthatjustto cutshort the delay and in the interest ofjustice, the petitioner may be given one opportunity to lead the defence evidence,subjectto heavy cost.

5. Ihavegonethroughthe materialonrecord andinview of the submissions made,I deem it appropriate to set aside the order dated 16.11.2018 and give one opportunity to the petitionerto producethe witnessesonhisownresponsibility on the date fixed by the Trial Court,subjectto cost ofRs.5,000/in each matter, which shall be deposited with the Delhi Police Martyrs'. Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 within a week and a receipt, thereof, shall be filed in the Registry ofthis Court within two weeks. Copy of receipt of the same shall be supplied to the learned APP through the Investigating Officer within two weeks. In case the petitioner fails to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders.

6. It is clarified that the parties shall appear on the date fixed by the Trial Court,when the Trial Court shall fix a short date for the purpose of defence evidence, on which date the petitioner shall produce both the witnesses on his own responsibility. Ifthe petitioner fails to produce the witnesses. then the Trial Court shall close the defence evidence of the petitioner.Itis directedthatno"adjournmentshallbe granted on any ground whatsoevertothe petitioner.

7. The petitions are accordingly disposed of. All the pending applications are also disposed of. chand£^ekhar,j JANUARY 28,2019 sk