PUSHPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant revision petition challenge has been made to the order dtd. 17/4/2023 passed by the learned Additional District and Sessions Judge, Churu in Criminal Case No.10/2012 whereby the application filed by the accusedpetitioners under Sec. 233 (3) of the Cr.P.C. has been rejected and the prayer to summon three police officers has been declined.

(2.) Bereft of elaborated details, the brief facts necessary for disposal of the instant criminal revision petition are that the petitioners are facing trial which is pending before the Court of learned Additional District and Sessions Judge, Churu (hereinafter referred to as 'the learned trial Court') since year 2012 for a considerable long period the trial got protracted. There was a list of 24 prosecution witnesses, out of which 10 witnesses were produced and the prosecution did not opt to produce the remaining witnesses thus, the learned trial Court had dispensed with their evidence. After recording the evidence of the prosecution witnesses, an explanation under Sec. 313 Cr.P.C. was sought from the accused petitioners wherein the petitioners claimed the evidence of the prosecution to be false and an inclination was shown by them regarding production of evidence. Whereafter an application under Sec. 233 (3) of the Cr.P.C. was submitted to summon the three police officers as defence witnesses. The said prayer made by the petitioners was rejected by the learned trial Court vide order dtd. 17/4/2023 on the ground that aforesaid three witnesses were related to investigation of the case and, therefore, they cannot be taken as a witness of defence, however, a liberty was given to the petitioners to produce the aforesaid witnesses at their own accord. The said order dtd. 17/4/2023 is under assail before this Court by way of filing the instant revision petition.

(3.) Heard learned counsel for the petitioners, learned Public Prosecutor and perused the order impugned and have gone through the relevant provision.