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Issues involved: Challenge to the order rejecting the application to bring affidavits of third parties on record in rebuttal to the statements made by accused u/s 313 of Cr.PC.
Summary: The petitioner approached the High Court invoking Article 227 of the Constitution of India challenging the order passed by the Chief Metropolitan Magistrate rejecting the application to bring affidavits of third parties on record in rebuttal to the statements made by the accused u/s 313 of Cr.PC. The order was confirmed by the Additional Sessions Judge, which was also under challenge. The accused had made allegations during his statement u/s 313, claiming kidnapping of family members and theft of a cheque. The Court noted that the accused did not adduce evidence, and his statements u/s 313 cannot be considered independent evidence for rebuttal. The petitioner relied on a Supreme Court case regarding the exercise of powers u/s 311 of Cr.PC, but the Court found the present case to be different. The lower Courts rightly concluded that the petitioner had the opportunity to present evidence during the trial, which was being conducted summarily. The High Court upheld the impugned orders, stating that no intervention u/s 227 of the Constitution of India was warranted, and summarily rejected the petition.
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