AWADH NARAYAN S/O BHAWARLAL; DAYARAM S/O BHAWARLAL; NEMICHAND S/O AWADH NARAYAN; JANUMA PRASAD S/O AWADH NARAYAN Vs. STATE OF MADHYA PRADESH; ARUN KHATRI S/O A S KHATRI

JUDGEMENT

(1.) This revision petition has been preferred by the applicants under Section 397 read with Section 401 of Criminal Procedure Code, 1973, here-inafter referred to "the Code", against the impugned order dated 02.07.2015 passed by learned Additional Sessions Judge, Bhopal in Sessions Trial No. 617/2010, by which the application filed under Section 233 of the Code for summoning defence witness and production of documents has been rejected and also closed the defence of the applicants.

(2.) Facts of the prosecution story need not to be discussed elaborately as trial is resting at the deface stage. Defence stand of the applicants is that the complainant a property broker is associated with BhuMafiya and on the date of incident, while the applicants were reaping crops on their field, the complainant, his wife along with antisocial elements entered into field and tried to take possession forcibly. On obstruction by the applicants, the complainant and his companions assaulted and abused the applicants by caste and threatened them to surrender their field. The applicants went to concerning Police Station for lodging the report but, it was futile. On 10.10.2010, the applicants No.1 and 2 went to AJAK Thana for lodging a written report against the complainant and his wife and same was received at AJAK Thana.

(3.) After completion of prosecution evidence, the applicants preferred an application under Section 233 of the Code for summoning defence witness for production of written report, which was duly received at AJAK Thana in support of above defence, but, same was rejected by impugned order, hence this revision.