GANESH VERMA. Vs. ASHISH BARKUR.

JUDGEMENT

(1.) This petition filed under Sec. 482 of the Crimial P.C. takes exception to the order dated 04.07.2007, whereby the application preferred by the applicant/accused under Sec. 45 of the Evidence Act is rejected by the Court below. The Court below has rejected this application on the ground that the applicant earlier preferred similar application which was rejected by the Court below on 31.01.2007. This order was unsuccessfully assailed before the revisional Court and the said revision was dismissed on 15.05.2017.

(2.) Learned counsel for the applicant submits that earlier application on the same subject was rejected merely because it was premature. Hence second application which was filed at appropriate stage should have been entertained by the Court below. Learned counsel for the petitioner further submits that the entries made in Ex.P/1 are required to be examined as per the handwriting on Ex.P/7. The age of handwriting needs to be examined by handwriting expert.

(3.) In nutshell, learned counsel for the petitioner submits that since his first application was rejected for the singular reason that it was premature, his second application filed at appropriate time should should been entertained.