SHASHIKANT Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 15 -52000 passed by the learned Additional Sessions Judge, Umaria in S.T. No. 249/ 97 closing the defence case since the witness to be examined in defence did not appear before the trial Court.

(2.) SHRI Kochar, learned counsel for the petitioners has contended that the Investigating Officer Shri J. P. Khare was not examined by the prosecution and, therefore, he was called as defence witness. Learned Trial Court allowed this prayer to examine him as defence witness. On 15 -5 -2000 when the case was fixed for defence evidence said witness did not appear and. therefore, the learned trial Court closed the defence case on the ground that the said witness was being summoned since last more than a year but is not appearing in the Court.