Mohan Singh And Others vs State Of H.P.

Sureshwar Thakur, J

Cr.M.P(M) No. 2062 of 2019

Heard. For the reasons enumerated, in, the application at hand, the delay in filing the present Criminal Revision Petition, is, condoned. The application stands disposed of.

Cr. Revision Petition No. 478 of 2019

An affirmative order recorded, upon, an application cast under Section 311 of Cr.P.C, instituted before the learned Special Judge, Chamba, has brought grievance, to the petitioners/accused, and, has led them, to, institute thereagainst, the instant petition before this Court.

The afore application was constituted, after, recording, of, depositions, of, 6 prosecution witnesses. The reason set forth therein, are, embodied in the factum, that, though the Investigating Officer concerned, in, contemporaneity, or earlier, vis­a­vis, his instituting a report, under, Section 173 Cr.P.C, before the learned Court concerned, had, recorded their statements under Section 161 of Cr.P.C, yet inadvertently they remained undisclosed in the list, of, the prosecution witnesses, as, became appended alongwith, the, afore report.

However, the afore factum was required, to be adequately rebutted by the applicants, through, theirs meteing, a, reply embodying herein the apt reasons (i) that despite the investigating Officer concerned not in contemporaneity or earlier, vis­a­vis, his instituting a report under Section 173 of Cr.P.C, hence recording the apt statements, yet, his pre­dating or ante­dating the preparation, of, their statements, (i) whereupon alone the afore reason would rather become ingrained, with, a vice of concoction. However, the afore contention remained un­reared in the reply to the afore apposite application rendering hence, the afore valid reasons, to, become hence aptly acceptable. Consequently, when, it, also becomes further aptly averred in the application, that, examination(s) of the afore witnesses, is, just and essential, for, proving the charge against the accused, thereupon, this Court finds no merit in the petition, and, the same is accordingly, hence dismissed. However, the learned trial Court concerned, is, directed to conclude the trial within two months. All pending applications stand disposed of accordingly.