Yogesh & ORS v. The State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 662/2016 & Crl.M.A. No.2756/2016 YOGESH & ORS ..... Petitioner Through Mr.Murari Choudhary, Adv.

versus THE STATE (NCT OF DELHI) ..... Respondent Through Ms.Manjeet Arya, APP for the State with SI Naresh Kumar, PS S.B.

Dairy.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 08.08.2016 Crl.M.A. No.2756/2016 Exemption allowed subject to just exceptions. CRL.M.C. 662/2016 The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.), has been filed by the petitioners against the order dated 3rd November, 2015 passed by learned Additional Sessions Judge, Rohini Courts, Delhi on an application filed under Section 311 Cr.P.C. preferred by the petitioners for recalling of the witness PW-3 Jai Singh Pal.

The grouse of the petitioners in the present petition is that their application under Section 311 Cr.P.C. to recall the witness and to put the suggestion has been dismissed by the Court below.

I have heard learned counsel for the petitioners and perused the available records.

In the facts and circumstances of the case, the petition is disposed of with the observation that non-putting of suggestion by virtue of not having the opportunity on account of dismissal of the application would not cause any prejudice to the accused during the pendency of the Trial.

P.S.TEJI, J AUGUST 08, 2016/aa