BABULAL PATKAR Vs. STATE OF M P

JUDGEMENT

(1.) With consent, the matter is finally heard. This petition has been preferred, under Section 482 of the Code of Criminal Procedure (for short "the Code"), challenging the order dated 26.8.2013 passed by Special Judge (under the Prevention of Corruption Act, 1988 (for short "the Act")), at Satna in Special Case No. 02/2008, whereby the trial Court rejected the prayer for summoning certain witnesses in defence and directed the petitioner to keep them present if he so desired.

(2.) Learned counsel for the petitioner submitted that on one hand, trial Court has allowed the application (Ex. D/2) dated 23/8/13 to examine six witnesses named therein, but on the other, it was directed that the petitioner shall keep them present before the trial Court. He contended that it is not possible to keep them present without summoning them, as certain witnesses are Government employees and, therefore, he prayed that the said witnesses be directed to be summoned by the trial Court.

(3.) In response, learned Government Advocate opposed the prayer made on behalf of the petitioner.