JAVED IQBAL AND ANR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant criminal revision, the petitioner inter alia seeks setting aside of order dated 22.11.2013 passed by the learned Principal Sessions Judge, Jammu, by virtue of which while exercising power u/s 540 Cr.P.C., notices have been issued to three prosecution witnesses to give their evidence in the Court.

(2.) Briefly stated, the facts of the case are that the petitioners along with others are facing trial in criminal challan titled State of J & K vs. Zaffar Iqbal and Others for commission of offences punishable under Section 3 of Enemy Agents Ordinance, 7/25 Arms Act and Section 4/5 of Explosive Substance Act which has originated from FIR No.103/2007, registered with Police Station, Janipur, Jammu. During the trial the prosecution was given number of opportunities to produce evidence against the accused persons and, in fact, the prosecution had produced evidence of all the important witnesses. After number of opportunities having been given in this regard, the evidence of the prosecution was closed by the learned trial court. After the closure of the evidence of the prosecution, an application came to be filed by the Public Prosecutor under Section 540 of the Code of Criminal Procedure for re-summoning of the prosecution witnesses whose evidence have not been recorded. The trial court considered the said application and dismissed the same vide order dated 10.10.2013 being not justified in the circumstances.

(3.) During the course of arguments in the said application, the prosecution had specifically argued with regard to re-summoning of the prosecution witnesses Mr. H. A. Sadiqui, Mr. Sanjay Dutt and Mr. Rahul Kumar Singh. After the dismissal of the aforesaid application, the trial Court kept the case for recording of the statement of the accused persons under Section 342 Cr.P.C. After recording the statements of accused persons under Section 342 Cr.P.C., the trial court has even granted the benefit of Section 273 Cr.P.C. and accused Maqsooda Khatoon was acquitted at the stage of arguments, in view of no evidence against her. Thereafter, the learned trial court for reasons unknown has passed the order impugned dated 22.11.2013 by virtue of which provisions of Section 540 Cr.P.C. have been invoked for re-summoning of the witnesses, prayer for which was earlier disallowed by the trial court.