NISHANT KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner seeks quashing of orders dated 10th September, 2020 and 8th October, 2020, passed in Sessions Trial No. 01 of 2019, State vs. Dalip Sahni and others, pending in the Court of District and Sessions Judge, Pauri Garhwal ('the case').

(2.) Heard learned counsel for the parties through video conferencing.

(3.) Facts necessary to understand the controversy, briefly stated, are that the Sessions Trial was pending disposal and 10th September, 2020, was fixed for delivery of Judgment. On that date, the court observed that certain documents including photographs were though filed by the prosecution, but they were not proved. The court passed an order on that date and asked the prosecution to explain it as to why those documents were not proved. Soon thereafter, an application was moved by the prosecutor for summoning three witnesses to prove those documents. The petitioner filed objection against the application. The Court vide order dated 8th October, 2020, allowed the application under Section 311 of the Code of Criminal Procedure, 1973 (for short "The Code"), and, summoned three witnesses for their examination.