OM PRAKASH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In a pending Sessions Trial No. 56 of 2017, State vs. Om Prakash, the present applicant to the 482 Application, was being tried for his alleged involvement in the commission of under Sec. 307 of the IPC which was registered against him at Police Station Haldwani, District Nainital.

(2.) The grievance as raised by the present applicant; in the present C-482 Application is as against the impugned order of 4/7/2022, as it was passed by the Court of 2nd Additional Sessions Judge, Haldwani, District Nainital, by virtue of which, the applicant's application under Sec. 311 Cr.P.C. has been rejected.

(3.) If the provisions of Sec. 311 itself it's taken into consideration, the power which has been vested with the Courts, to summon the witnesses for their examination or reexamination as witnesses, at any stage of the enquiry or trial or other proceedings, is a discretionary power, which has to be exercised in relation to those litigants, who are party to the proceedings and who have been tried and who are diligent enough and actively participate in the proceedings to facilitate in an expeditious disposal of trial. The recourse of Sec. 311 Cr.P.C. to summon and examine the witnesses for the reexamination, cannot be invariably permitted to be utilized as a weapon as to delay the proceedings.