Rajni Devi vs State Of U.P. And Another on 15 November, 2022
The application under Section 138 Evidence Act read with Section 311 Cr.P.C. filed by the prosecution envisages no explanation for delay of more than one and half years in filing the application. Therefore, in view of the law laid down by the Supreme Court in the case of Ramlal Jat Vs. State of Rajasthan and Another [Criminal Misc. Petition No. 5572 of 2015, decided on 04.11.2015], the application given by the prosecution in this case under Section 311 Cr.P.C. is liable to be dismissed on this ground alone.