URMILA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.PC is to quash the order dated 9.7.2015 passed by the Court of Learned Sessions Judge, Kurukshetra whereby the application under Section 233 Cr.PC moved by respondents No.2 to 6 was allowed.

(2.) After thorough investigation, the police presented challan against respondents No.2 to 6 and the trial is in progress. However, during the course of trial, evidence of the prosecution was closed and thereafter, the accused moved an application dated 2.11.2013 (Annexure P-3) for summoning of the defence witnesses, but the witnesses who were not at all even relative, have been called just to prejudice the Court.

(3.) Learned counsel for the petitioner contends that respondents No.2 to 6 are moving applications one after the other and they have also moved an application dated 14.5.2015 (Annexure P-4) for summoning the defence witnesses. He further submits that the petitioner filed reply (Annexure P-5) to the said application pleading therein that filing the application to summon witnesses at this stage is nothing but an abuse of process of law. He further contends that on the one hand, the respondentsaccused want to summon the alleged witnesses in defence, but on the other hand, they have moved the application under Section 233 Cr.PC and there is no provision under the Criminal Procedure Code to summon witnesses in defence by moving such false applications.