DINESH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has come before this Court under Section 482 CrPC assailing the order passed by the revisional Court for having dismissed the revision petition filed by the petitioner against the order passed by the Additional Sessions Judge, Sehore, dated 18-10-2011 rejecting the revision petition filed by the petitioner under Section 397 CrPC aggrieved by the order passed by the Additional Sessions Judge in Criminal Case No.33/ 2008 [State of M.P. vs. Dinesh and others] whereby, an application filed by the victim under Section 311 CrPC for producing the doctor who is not a witness as per the list of witnesses filed by the prosecution along with their report under Section 173 CrPC. The petitioner wants quashing of the order of the learned Additional Sessions Judge summoning of such a witnesses on the request of the victim and also the order of the revisional court upholding the said order.

(2.) ACCORDING to the learned counsel for the petitioner in view of Section 301 CrPC there being no permission to be granted to the victim to assist the Public Prosecutor and the Public Prosecutor having not filed an application under Section 311 CrPC and the fact that the witnesses who is sought to be produced along with record is not a part of the report filed by the police under Section 173 CrPC, the request of the victim should not have been allowed by the Court concerned. To substantiate his submission the learned counsel for the petitioner has relied upon the following decisions:

(3.) THIS provision is a provision which entitles a Judge holding trial to record evidence even of a person who is present in Court and even to recall a witness who was summoned earlier at the instance of the prosecution or the defence or of his own, if the examination of such witness is necessary to meet the ends of justice. Section 301 CrPC has no bearing on the powers of the Court under Section 311 CrPC. This aspect has been considered by this Court in an elaborate judgment delivered by Hon'ble Justice Dipak Misra [Now a Judge in the Supreme Court] in the case of Hiralal vs. State of M.P. Reported in 1997 (2) Crimes SC 634. The entire judgement which, is relevant to the issue involved in this case is reproduced hereunder for the sake of reference: