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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Dheeraj Sharma – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present criminal revision petition has been preferred against order dated 21.12.2024, passed by learned Judicial Magistrate First Class, Dalhousie, District Kangra, in Case NIA Act No.42 of 2023, appended along with present petition as Annexure P-1, whereby the defence of the present petitioner/accused has been closed.
2. Heard counsel for the petitioner, perused the record appended along with present petition and the impugned order.
3. From a perusal of the order sheets appended along with the present petition, it is evident that after conclusion of the evidence of the complainant, the statement of the petitioner/accused was recorded under Section 313 of the Code of Criminal Procedure, on 09.08.2024. In the statement so made by the petitioner/accused under Section 313 of the Code of Criminal Procedure, the petitioner/accused had denied the allegations leveled against him and had claimed to lead defence evidence. Hence, on 09.08.2024, the petitioner/accused was directed to take steps within a week for leading evidence. The matter thereafter was posted for 01.10.2024.
4. On 01.10.2024, the petitioner/accused was not present. On his behalf, an applica
The right to lead defence evidence is fundamental, but repeated failures to present evidence can justify the closure of that right to ensure timely justice.
Trial courts justified in closing defence evidence after adjournments exceeding statutory limit of two under BNSS Section 346; fair trial does not permit endless adjournments defeating speedy justice....
Repeated adjournments in civil proceedings must be justified; courts should not grant them routinely to ensure timely justice.
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
Repeated adjournments in civil proceedings undermine the justice delivery system, and courts must enforce timely action to maintain public confidence.
The court condemns the misuse of adjournments and emphasizes the importance of timely justice delivery. It calls for a change in work culture to discourage unnecessary adjournments and maintain the r....
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
Failure to adduce defense evidence despite multiple opportunities justifies closure of defense evidence and may lead to expeditious conclusion of the proceeding.
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