PRASHANT DUBEY @ LALJI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 20.9.2014 passed by the court below, by means of which application moved by the petitioner for summoning of the defence witness has been rejected.

(2.) SUBMISSION of counsel for the petitioner is that since the witness was ailing and his treatment was going on somewhere, therefore, he could not present himself as defence witness, but the trial court without examining the said material witness, rejected the application moved by the petitioner. In support of his contention, counsel for the petitioner has placed reliance upon the decision rendered in the case of Vijay Sharma and others vs. State of U.P. and another, 2011 3 JIC 735 (All).

(3.) SRI Sikandar B. Kochar, counsel for the complainant, on the other hand, has submitted that sufficient time was granted to the petitioner to furnish the correct address of the witness and the court below had also issued summon through investigating officer to secure his presence, but in spite of that, the presence of the witness could not be secured as his correct address was not available with the court below. Since much time has elapsed and the proceedings are being delayed unnecessarily, therefore, the court below was having no option but to reject the application of the petitioner as he failed to furnish the correct address of the petitioner. Therefore, no illegality has been committed by the court below in rejecting the application of the petitioner.