MOHIT Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned Additional Government Advocate.

(2.) THIS revision has been preferred against an order dated 11.8.2009 passed by the Additional District and Sessions Judge, Court No. 17, Bulandshahr in S.T. No. 1278 of 2001 whereby on the basis of an application moved by the prosecution, an earlier order passed by the court on 29.7.2009, was modified and the witnesses namely, Shri Arvind Kumar Pandey, C.O, Shri Manoj Kumar Jha, C.O, Shri K.R. Mehandi Dutta, SDM and Dr. Anuj Kumar Jain, who were earlier sought to be summoned as a court witnesses, have been summoned as defence witnesses.

(3.) INITIALLY a final report was submitted in favour of the revisionist and other accused, but after protest petition by the complainant-Ram Avtar Sharma, reinvestigation was conducted and charge sheet was submitted against the revisionist and others. After the evidence of the witnesses was recorded and a date was fixed for recording 313 Cr.P.C. statement of the accused, an application was moved on behalf of the defence praying for examination of the aforesaid four witnesses for a just decision of the case. The trial court rejected the application.