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Judgment
N. Ananda, J.—The accused is present.
The case is posted for hearing the learned Counsel for parties regarding framing of charges or discharging the accused.
When the matter is taken up for hearing, the accused has filed an unconditional apology stating that the proceedings initiated by him after the decision in Crl. P. 2281/2007 are frivolous. The accused has realized his mistakes and he has tendered his unconditional apology, The accused has stated that he would not file any application or petition before this Court, so also, before the trial court. The accused would defend the case on merits.
The learned Counsel for accused and also accused would submit that the case is posted for evidence of accused before the trial court. The learned Counsel for accused would further submit that the accused would adduce oral evidence by examining himself as a witness and produce the documents, which are in his custody.
The accused would submit that he will not protract the proceedings for any other reasons or on any Other grounds. The accused has tendered unconditional apology and he has expressed his regrets for having filed a successive petition after decision in Crl. P. 2281/2007.
In view of unconditional apology filed by accused and also after recording the statement made by the learned Counsel for accused, we accept the unconditional apology submitted by the accused.
The learned Counsel for complainant would submit that the accused should not protract the proceedings before the court below. except the accused may be permitted to give oral evidence and produce the documents, which are in his custody. The accused shall not protract the proceedings for any other reasons or on any other grounds.
In view of unconditional apology tendered by the accused, the proceedings are dropped however, with a direction that the accused to adduce defense evidence shall tender his oral evidence and may produce documents in his custody within a period of 15 days from today. After examination of accused u/s 313 Code of Criminal Procedure, the learned Counsel for both parties shall address their arguments. The trial court shall decide the case on merits within a period of two months from the date of receipt of copy of this order. The office shall send a copy of this order forthwith.