FARID AHMAD TAK Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this Criminal Revision is Order dtd. 6/12/2022, passed by the court Special Judge Anticorruption (Additional Sessions Judge) Doda (for short "Trial Court"), in a case bearing File no.27/Challan and 6/Challan, titled as State through P/S V.O.J. v. Yoginder Saproo and others.

(2.) I have heard counsel for petitioner and considered the matter.

(3.) According to counsel for petitioner, the Trial Court in violation of orders dtd. 10/2/2020 and 30/5/2022 of this Court, has allowed prosecution another unconditional opportunity to produce the witnesses by issuing bailable warrants to procure the attendance of witnesses. It is stated by counsel for petitioner that in terms of orders dtd. 10/2/2020 and 30/5/2022, the Trial Court ought to have refused to allow any further opportunity to prosecution for examination of the witnesses as the failure of prosecution to produce witnesses would amount to forfeiture of right of prosecution to adduce any prosecution evidence in view of aforesaid orders. It is also stated by counsel that this Court in terms of order dtd. 30/5/2022 had directed the Trial Court to hold trial expeditiously without allowing proceedings to be protracted by prosecution, yet the Trial Court in terms of order impugned has allowed prosecution another opportunity to produce witnesses.