1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
1. Present petition under Section 482 Cr.P.C. has been preferred
by the petitioner to challenge the legality and propriety of an order dated
15.3.2017 of learned Additional Sessions Judge in CR No.31/17 whereby
order dated 25.10.2016 of learned Metropolitan Magistrate was upheld.
2. I have heard the learned counsel for the petitioner and have
examined the file. On perusal of the record, I find no illegality or material
irregularity in the impugned order. The respondent had been afforded an
Crl.M.C.1830/2017 Page 1 of 2
additional opportunity by the learned Trial Court to produce defence
evidence on medical grounds. The petitioner challenged the order in
Revision which resulted in its dismissal. The Revisional court has taken into
consideration all the relevant facts. The Trial Court has been directed not to
grant any further opportunity to the respondent herein to lead defence
evidence. The Trial Court has further been directed to decide the matter
within one month. Revisional court further observed that before granting
additional opportunity on medical grounds, the Trial Court should have
sought supporting documents. The discretion exercised by the courts below
is not arbitrary.
Source: Indian Kanoon