JUDGMENT :

Yogesh Khanna, J.

(Through Video Conferencing)

1. This petition challenges the impugned order dated 02.09.2021 passed by the learned Trial Court in case FIR No.207/2016 registered at police station Tilak Marg titled State vs. Dinesh Chand Sharma whereby an application of the petitioner under Section 311 Criminal Procedure Code (hereinafter referred as Cr P C) was dismissed.

2. It is the submission of the learned senior counsel for the petitioner that PW38 Mr. Amit Roy, DCP is an important witness in the present matter and the erstwhile learned counsel Mr. Siddharth Kashyap had chosen not to cross examine the said witness despite an opportunity being granted to him; but thereafter new counsel was appointed and after going through the record, he was of the view cross examination of PW38 is necessary, hence an application under Section 311 Cr P C was filed. Such application of the petitioner was dismissed by the learned Trial Court with the following reasoning:-

“Accused Sushil Ansal had been facing this trial for long. He had been represented by his counsel Sh. Siddhartha Kashyap till a new counsel had taken charge just recently at the time when final arguments are being addres