ASIF HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) THE facts giving rise to this reference by a learned Single Judge of this Court are that the applicant, Asif Hussain, filed a criminal revision against an order of the Special Sessions Judge, Azamgarh, in Sessions Trial No. 125 of 2002 by which an application of the accused seeking summoning certain witnesses and documents has been rejected in the murder trial at a stage when the trial was fixed for final arguments. THE application of the accused was referable to Section 311 Cr. P. C. which empowers the trial Court to summon any person as a witness at any stage of the trial.

(2.) THE learned Single Judge of this Court, by order dated 30-11- 2006, referred the question as to whether an order of the trial Court under Section 311 Cr. P. C. is an "interlocutory order" or not. THE question assumes relevance because criminal revisions under Section 397 Cr. P. C. against interlocutory orders are not maintainable in view of the bar contained in Section 397 (2) Cr. P. C.

(3.) IT has been held by a large number of decisions of this Court as well as the Supreme Court that orders summoning or refusing to summon witnesses are interlocutory as they do not decide any substantive right of the litigating parties, which are in an issue at the trial. Again a number of such decisions have been referred to in the referring order of the learned Single Judge dated 30-11-2006 and, therefore, it is not necessary to reproduce the same here.