MALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge before this Court is an order dtd. 26/7/2024, passed by the learned Additional Sessions Judge No.2, Barmer, in Session Case No.259/2024, by which the application filed by the petitioner under Sec. 94 of the Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as 'BNSS'), seeking the summoning of call details of four witnesses, has been dismissed.

(2.) Relevant facts from the petition first. Petitioner had filed an application under Sec. 94 of the BNSS, 2023, requesting call details of witnesses Sendha Ram, Ishra Ram, Ramesh, and Ratan Lal, including their locations to be relied upon at the appropriate stage at the time of evidence. The petitioner states that the case is at the trial stage, and the statements of PW/1 Sendha Ram, PW/4 Ishra Ram, PW/6 Ramesh, and PW/7 Beejla have already been recorded. The learned Trial Court has called constable Ramesh and Ratan Lal for their statements. During cross- examination, Sendha Ram, Ishra Ram, Ramesh, and Ratan Lal admitted their presence at different locations. To verify these statements, the petitioner argues that obtaining the call details is essential for proper adjudication.

(3.) Heard.