HARI PRASAD GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants are being tried for an offence punishable under section 302 read with section 149 of the I.P.C. The trial is at the defence stage. The applicants had applied for issue of summons of two Government servants - Dr. J.N. Sen and ASI A.R. Khan, of Police Station Gohalpur. Dr. J.N. Sen has been examined, but, as witness A.R. Khan who has been transferred is not being served, the trial Court closed the right observing that the trial is pending since 1991, accused statements were recorded on 21.3.1994, the applicants have not furnished the correct address of the witness. Aggrieved of the said order the applicants have filed this revision petition.

(2.) AFTER hearing counsel and considering the facts of the case, I am of the opinion that one opportunity deserves to be granted to the applicants to examine A.R. Khan, for that the applicants shall furnish the correct address of the witness within 7 days. The trial Court shall issue summons through the S.P. concerned where the witness is posted. A Hamdast summons shall also be given to the applicants. In case after service the witness fails to appear, the trial Court shall ensure the attendance of the witness by coercive process. Revision shall stand disposed of.