FAUZ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Applicants by Shri SL. Kochar, State by Shri G.C. Jam. G.A. As the process issued by the Court being not served on the defence witnesses, they remained absent. The Trial Court ordered the accused to take the summons to be served on the said witnesses personally and then to serve the said witnesses.

(2.) The ground for adopting this procedure as mentioned in the order, is that since the said defence witnesses were and presumably are serving in army canteen and therefore, they cannot be served with the process of the Court by the police.

(3.) There is no finding to the effect that the accused were deliberately trying to delay the disposal of the case by citing the said witnesses are not relevant for determination of real controversy in the case.