JUDGMENT :

Ravi V. Malimath, J.

1. Aggrieved by the order dated 26.12.2017, passed by the trial Court, vide Annexure P-2, in dismissing the application filed under Section 311 of Cr.P.C., the complainant has filed this petition.

2. The case of the petitioner is that when the matter was pending consideration before the trial Court, the evidence of the prosecution was held to be closed. Thereafter, the matter was listed for recording the statement of accused under Section 313 of Cr.P.C. The said order closing the evidence of the prosecution was not challenged by the prosecution. Since evidence of the prosecution has been closed on the ground that the prosecution has failed to procure the attendance of the remaining prosecution witnesses, it would not be proper to allow the said application. On these grounds, the application was dismissed.

3. The learned counsel for the petitioner contends that the trial Court is expected to do ultimate justice in the matter. He further contends that the order passed by the trial Court is erroneous. That the application filed by the prosecution requires to be allowed. He further contends that an ample opportunity was granted to the prosecution in order to