MANOHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) By this revision petition filed under section 397 read with 401 of the CrPC The petitioner has challenged the impugned order of rejection dated 26.8.2013 passed by the XII Additional Sessions Judge, Indore in S.T. No. 461/10.

(2.) Counsel for the petitioner has vehemently urged the fact that the trial was at the stage of recording the evidence of the witnesses and the petitioner has moved the application for summoning some witnesses, who were the witnesses to the Istgasha the report under section 151 of the CrPC before the police. Counsel submitted that the report was crucial to his defence since it indicated that one of the accused Manohar s/o Ambalal Prajapat, the present applicant, was not present on the date of incident at the spot alleged. And this report indicated that his presence at crime No.112/2009 at Indore and therefore, these witnesses are necessary for his defence of alibi. The trial Court has cursorily rejected the application holding that witnesses for the Istgasha report are not necessary as it is a public document. However, the trial Court had failed to issue summons for the presence of the witnesses. Counsel submitted that by the rejection order, the opportunity to lead evidence by the accused person has been denied by the trial Court. Hence, Counsel prayed that the impugned order be set aside and one opportunity be granted to examine the said witnesses. Moreover, counsel submitted that the application has not been delayed and it is filed within time.

(3.) On considering the above submissions, I find that although the application has not been properly named as one under section 233(3) the application has been filed for issuance of notices for attendance of the witnesses in defence of the accused applicant Manohar and the trial is at the stage of evidence of the accused. Hence, I find that one opportunity should be granted to the accused to put up the witnesses. A fair and speedy trial is the right of every accused and hence the impugned order is, therefore, set aside. The trial Court is directed to issue notice to concerned witnesses for their appearance before the Court within a period of one month from the date of this order.