OM PRAKASH SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) Heard Mr. S.M. Abuzar Zaidi, learned counsel for the petitioner as well as Mr. Rajendra Kumar Diwivedi, learned Additional Government Advocate and perused the record.

(2.) So far as the relevancy of the order dated 19th of October, 2010 is concerned, I am informed that the petitioner, being the accused,has been issued non bailable warrant, therefore, I am of the view that at the appropriate stage he could have been called upon to give such a statement before the court concerned, but for the condition imposed by means of order dated 15th of December, 2010, I am of the view that once the petitioner denies that she is not under his custody he cannot be compelled to produce her, whereas the learned court concerned, for production of the victim, is at liberty to adopt another mode provided under the Code of Criminal Procedure under Section 97 of the Cr.P.C. or elsewhere.

(3.) Therefore, the part of the order dated 15th of December, 2010passed by the Additional Sessions Judge so far as it imposes condition on the petitioner to produce the victim Sneh Lata for evidence is hereby quashed with liberty to the learned Sessions Judge to adopt another mode as is provided under the law for production of victim.