Kiran Kumar
(Expert) 05 March 2013
You file the necessary application either under 205 or 317 (as per facts and circumstances)....but it will be discretion of the judge Whether to accept it or reject it.
but there is no harm in moving this application. no adverse inference will be drawn w.r.t the merits of the case even if the application is declined.
Raj Kumar Makkad
(Expert) 05 March 2013
Filing is not a big issue but the issue is its acceptance by trial magistrate.
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