ORDER

This petition under section 482 of Cr.P.C. has been filed assailing the order dated 05.12.2022 passed in S.T. No. 485/2018 (State of MP Vs. Mohammad Dilshad) for commission of offence under Section 304-B of IPC and Section 3/4 of Dowry Prohibition Act pending on the case file of 21st ASJ, Jabalpur.

2 . Learned counsel for the applicant has submitted that only two time were given to the accused for adducing his defence evidence. Learned trial Court has closed defence evidence on 05.12.2022 and fixed the case for final argument on 19.12.2022. Applicant has moved an application under Section 315 of Cr.P.C. but learned trial Court has not passed any order on it and has orally stated that his defence evidence has already been closed, therefore, it will not pass any order on the application.

3. On the other hand, learned counsel for the State has opposed the prayer made by learned counsel for the applicant.

4. I have gone through the order sheets drawn by the trial Court.

5. On a perusal of the order sheet dated 10.11.2022, it is revealed that accused was examined under Section 313 of Cr.P.C. on 10.11.2022 and case was fixed for defence evidence for 21.11.2022. On 21.11.2022, case was fixed for 05.12.2022. On 05.12.2022, learned counsel for the accused prayed for another time on the ground that accused has lost his mother. Therefore, it is not possible for him to appear and prayed for grant of one more opportunity for adducing defence evidence but learned trial court declined the prayer and closed defence evidence. Case was fixed for final argument for 19.12.2022 and on that date applicant moved an application under Section 315 of Cr.P.C. which has not been decided yet.

6. On perusal of the order sheets drawn in the case at hand, it is revealed that applicant is facing session trial since 2018 for commission of offence under Section 304-B of IPC and Section 3/4 of Dowry Prohibition Act. Number of opportunities were given to the prosecution to adduce its evidence but only two opportunities have been afforded to the defence to adduce its evidence. it is pertinent to mention here that when applicant could not produce its evidence on 05.12.2022 due to demise of his mother, his evidence was closed. The closure of the evidence by the trial Court only giving two opportunities shows that learned trial Court was not justified in closing the right of the applicant to produce defence evidence as one or two more opportunities ought to have been given to the applicant to produce its defence evidence. Therefore, impugned order dated 05.12.2022 closing the right of applicant's/accused defence evidence is set aside.

7. Applicant is directed to adduce all its evidence on 13th and 14th of March, 2023 before the trial Court. It is made clear that if accused- applicant fails to adduce its defence evidence on the aforesaid dates, trial Court shall not be obliged to give further opportunity to adduce the same and learned trial Court shall be at liberty to hear the final argument and to proceed as per law.

8. This petition is disposed of accordingly. (DINESH KUMAR PALIWAL) JUDGE L.R.