OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the order dated 17-12-2011 passed by the Special Judge (P.C. Act), Ujjain in Special Case No. 7/02, the applicant has filed this revision under Section 397 of the Cr.PC.

(2.) THE contention of the Counsel for the applicant is that after closure of the evidence of the prosecution, a list of witnesses was submitted by the applicant in the Trial Court to examine certain witnesses and prayer was made that the witnesses be summoned. However, the learned Special Judge has rejected the prayer and closed the right to examine the defence witnesses. Counsel for the applicant has prayed that the defence witnesses are to be examined to prove the defence and apart from this the Public Prosecutor has delayed the trial for near about four months. Hence, the applicant/accused should be permitted to summon the witnesses. It has also been submitted that earlier the Special Judge permitted to summon the witnesses, but later the right has been closed.

(3.) WE are of the view that the revision deserves to be allowed. The evidence of the prosecution has been closed. The Counsel for the applicant/accused has stated that thirteen witnesses in defence have already been examined. However, some of the witnesses-are yet to be examined and they are the material witnesses in order to prove the defence taken by the applicant.