KAILASH Vs. AMOL

JUDGEMENT

(1.) Heard. ADMIT.

(2.) Heard finally by consent.

(3.) The applicant is complainant in Criminal Case No. 12844 of 2009 pending before Judicial Magistrate First Class. Applicant's grievance is that his application for issuance of summons to certain witnesses was rejected by impugned order dated 12th July, 2011. It is submitted by Mr. Dani that the evidence of Postman and Bank Officer is vital to the case of the complainant. It is further submitted that Section 311 of the Code of Criminal Procedure gives wide powers to the trial Court to examine the witness present in the Court as well as to call or recall the witness. It is further submitted by Mr. Dani that once the Court comes to conclusion that the evidence of a particular witness is necessary for just and proper decision of the case, it is obligatory on the part of the Court to call such a witness.