R.K. JAIN Vs. THE STATE

JUDGEMENT

(1.) By this petition, the petitioner seeks following prayers:-

(2.) The petitioner in the petition claims that he is facing trial in FIR No. 382/01 registered at PS Anand Vihar which has dragged on till date, the wrong doers be identified and action be taken against them. From the facts as noted in the petition the basic grievance of the petitioner is that during the course of trial besides Ahlmad of the Court, namely, Vijay Kumar Marwah who was a witness and examined as PW-3, the learned Metropolitan Magistrate was also a witness and instead of said witness again as PW-9 Vijay Kumar Marwah was examined.

(3.) This Court has perused the testimony of Vijay Kumar Marwah as PW-3 and as PW-9 which deals with two different facets of the trial and whether Vijay Kumar Marwah is competent to be examined as PW-9 instead of the Magistrate is not an issue which can be decided in a writ petition and would be in the realm appreciation of evidence. Further it may be noted that in the cross-examination of Vijay Kumar Marwah when he appeared as PW-9 no such objection has been taken that he is incompetent to depose of the facts for which learned Metropolitan Magistrate was cited as a witness. Hence the prayer (a) (i) of the petitioner in the present petition asking summoning of the material witness PW-9 and permitting the petitioner to cross-examine the said witness is not maintainable before this Court.