KAUR SINGH Vs. KRISHAN AND OTHERS

JUDGEMENT

(1.) Kaur Singh/petitioner is only a prosecution witness, cited in the case. The petitioner at the stage of framing of charges intervened before the learned trial Judge by moving an application, praying for summoning of some documents, including the post-mortem examination report and medico-legal reports. That application was dismissed by the learned trial Judge vide order dated 28.3.1998 by the following observations as contained in para 6 of the order :-

(2.) Feeling aggrieved by the said order, the petitioner has filed this petition.

(3.) At the very outset, it may be mentioned that the petitioner/Kaur Singh could not have acted in his own right in the Sessions Trial, which was being prosecuted and conducted on behalf of the State of Haryana by the State counsel. The prosecution witness is not required to put in appearance at that stage when the learned trial Judge takes up the case for framing of charges. The petitioner, could not over-step his own role of being a prosecution witness and start actively participating in the prosecution of the case. Such a right is not recognized and is not enforceable in law. I do not find any infirmity in the impugned order. This petition is misconceived and is dismissed.