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This order shall dispose of two criminal revision petitions i.e. CRR-2844-2018 and CRR-2847-2018, as common issue is involved in both the revision petitions and the parties to the dispute are also common. However, for brevity, facts are being noticed CRR-2844-2018.

The petitioner has filed the present revision petition against order dated 24.07.2018 passed by Additional Sessions Judge, Faridabad, whereby, the application moved by the petitioner under Section 315 CrPC, seeking permission to produce himself as additional witness, was declined.

Aggrieved against the aforesaid judgment of conviction and order of sentence, petitioner-accused filed an appeal before Additional Sessions Judge, Faridabad.

It is during the pendency of the appeal, the petitioner has moved an application under Section 315 CrPC with a prayer that he wants to appear as a witness to depose the real truth before the Court and also wants to lead evidence to rebut the allegations so made in the criminal complaint, which is a false one.

The respondent-complainant filed reply to the aforesaid application and has taken an objection that filing of the present application is just aimed at delaying the proceedings. The complainant has tendered 3 of 6 document Ex.D-1 on 03.07.2016 to show that the accused was given various opportunities for leading his evidence on 13.07.2016, 22.07.2016, 27.07.2016 and the complainant closed his evidence on 27.07.2016. The trial Court decided the complaint on 27.07.2016, against which, the present appeal was filed on 30.08.2016. The present appeal was adjourned to 10.10.2016, 21.11.2016, 10.01.2017, 10.04.2017, 06.06.2017, 11.08.2017, 09.10.2017, 13.11.2017 and 18.12.2017 (on which date the Court was on leave). Thereafter, on 19.02.2018, the instant application was filed, but the same did not carry any details. Accordingly, the Appellate Court dismissed the application filed under Section 315 CrPC vide order dated 24.07.2018.

Still aggrieved, the petitioner-accused has filed the present revision petition against order dated 24.07.2018.

Learned counsel for the petitioner has argued that the Appellate Court while dismissing the application filed under Section 315 CrPC has not considered the ingredients and provisions of this Section. The provisions of Section 315 CrPC stipulates that the accused is a competent witness for his defence and he may give evidence on oath to disprove the charges so made against him. The petitioner wants to examine himself in order to demolish the case set up by the complainant. He has further submitted that the purpose of examining the accused person under Section 313 CrPC is to meet the requirement of principles of natural justice. Therefore, it has become necessary for the petitioner to avail the benefit of Section 315 CrPC.