ABHA SINHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present C482 application, the applicant has put to challenge the judgment and order dtd. 7/3/2022 passed by learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, in Criminal Case No.2391 of 2014 State Vs. Satveer Sehrawat and Ors., whereby, the application dtd. 4/3/2022 moved by the applicant-accused to summon the defence witnesses has been rejected and further the revisional order dtd. 15/9/2022 passed by learned Sessions Judge, Haridwar in Criminal Revision No.88 of 2022 Abha Sinha Vs. State of Uttarakhand, whereby, the judgment and order passed by the learned Additional CJM was affirmed.

(3.) The applicant is facing a criminal trial in Criminal Case No.2391 of 2014 State Vs. Satveer Sehrawat and Ors., in the Court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar. From perusal of the record, it transpires that much after the conclusion of the prosecution evidence and recording of statement of four witnesses, an application purportedly under Sec. 243 of Cr.P.C. has been moved by the applicant-accused on 4/3/2022, to summon the defence witnesses-Champa Lal Agrawal (partner SARCK Infrastructure Pvt. Ltd., Ahmedabad), Registrar of Cooperative Society Ahmedabad and Notary who allegedly notarized the resignation letter of Abha Sinha-applicant, on the ground that the evidences of these witnesses are necessary for complete justice between the parties.