MAHE AALAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Whether in a trial before the Court of Session, the Court seized up with the trial, can direct or require the accused to deposit or pay the expenses of the witnesses sought to be examined by him in defence? has been raised in this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code only).

(2.) On this point of controversy involved in this petition, I have carefully heard the learned Counsel of the parties and have perused the facts and the law on the points as well as the provisions of the Code, especially Sections 230, 233, Sub-section (3) of Section 233, Sections 243, 247, 254, and 304 of the Code.

(3.) The Code provides a complete procedure for conducting a criminal trial. The provisions of the Code ensure that for the purposes of trial, both the parties i.e. the prosecution and the accused stand on the same footing; there may be no discrimination between the two, so almost same or similar provisions for both the parties, have been made in the Code.