PYBOINA RAVINDRA KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard both sides. This petition under Section 482, of Cr. P.C. seeks quashing the order dated 3-4-2000 of the I Additional Sessions Judge, West Godavari at Eluru passed in Crl. M.P. No. 715 of 2000 in SC No. 47 of 1997.

(2.) It appears that after the prosecution evidence was closed and the accused was examined under Section 313 of Cr. P.C., some witnesses were sought to be examined on behalf of the accused. One Dr. Ajambaar Sutar resident of Bubaneshwar is one such witness for whom summons were got issued on behalf of the investigation and necessary expenses were deposited in the court. The witness was summoned for giving evidence as well as for producing records from City Hospital, Cuttack.

(3.) It appears that in response to the summons, the witness sent a reply stating firstly that having retired from service, he no longer has any control over the record sought to be summoned and as to his attendance he has stated that he is suffering from Diabetes Mellitus, High Blood Pressure and Chronic Heart Disease and that he has been advised by treating physician. Dr. RSN Murthy, cardiologist not to undertake any travelling. It is further stated that he requires continuous medication. It is not known what orders have been passed by the learned Sessions Judge on this letter. However, it appears that the accused was directed to proceed with their further defence. It is under these circumstances, the petition in Crl. M.P. NO. 715 of 2000 was filed on behalf of the accused for appointment of a Commissioner for examining the said witness.