1 2025:HHC:5344 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 1261 of 2024 Decided on : 7.3.2025 Naresh Kumar …Petitioner Versus M/s Kamla Filling Station …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Petitioner : Mr. Ravinder Singh Chandel, Advocate. For the Respondent : Mr. Ranvir Chauhan, Advocate. Virender Singh, Judge (oral) By way of present petition, indulgence of this Court has been sought to set aside the order dated 3.9.2024, passed by the court of learned Additional Chief Judicial Magistrate, Theog, Shimla, (hereinafter referred to as ‘the trial Court’), in case No. 432-3 of 2018, titled as, ‘M/s Kamla Filling Station vs. Naresh Kumar’, by virtue of which, evidence of the defence 2 2025:HHC:5344 was ordered to be closed, by the order of the Court. Thereafter, the matter was listed for arguments. 2. It has fairly been conceded by learned counsel for the parties that as many as three opportunities, for leading the defence evidence, have been given to the petitioner, who has been arrayed as accused in case No. 432-3 of 2018, before the learned trial Court. 3. Although, there is no error in the order passed by the learned trial Court, however, in the interest of justice, one last opportunity is granted to the petitioner/accused to lead defence evidence, subject to costs of Rs. 15,000/-. 4. Parties, through their counsel, are directed to appear before the learned trial Court on 22.3.2025, before the learned trial Court. Thereafter, steps for summoning the witnesses of accused/petitioner be taken within seven days. In the eventuality of steps being taken within the stipulated period, the defence witnesses be summoned for the date fixed, by the learned trial Court. 3 2025:HHC:5344 5. It is further clarified that in case, steps are not taken within the stipulated period, no further opportunity shall be given to the petitioner/accused for taking steps, 6. Needless to say that the learned trial Court is at liberty to take coercive steps for securing the presence of defence witnesses, in case, they do not put appearance, after due service. 7. With these observations, the present petition is disposed of, so also the pending applications(s), if any. (Virender Singh) Judge March 7, 2025 Kalpana