GURMEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice for final disposal is accepted by Mr. JPS Chaudhary, learned Public Prosecutor appearing for the State. With the consent of the learned counsel for the parties, the revision petition is being finally heard and decided at the admission stage.

(2.) By the instant criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter), the petitioners have challenged the order dated 16-5-2006 passed by the Additional Sessions Judge, Raisinghnagar, district Sri Ganganagar (for short, the trial Court hereinafter) in Sessions Case No.25/2004, whereby the trial Court dismissed the application filed by the accusedpetitioners requesting the trial Court to summon certain witnesses in defence, viz. Head Moharir of G.R.P., Amar Singh, Railway Driver, D.D. Sharma, Railway Guard, Mani Ram, A.S.I., and Bahadar Singh. Hence this criminal revision.

(3.) I have heard learned counsel for the parties. Perused the impugned order. The petitioners earlier filed an application before the trial Court seeking a direction to the prosecution to produce two witnesses, viz. Mani Ram and Bahadar Singh as they were cited in the Calendar of Witnesses produced by the prosecution but were not produced by the prosecution. That application came to be dismissed by the trial Court on 19-4-2006, against which the petitioners filed S.B. Criminal Revision Petition No. 330/2006. While dismissing that revision petition vide order dated 1.1.2006, this Court made it clear that after closing of the prosecution evidence and after statements of petitioners under Section 313 of the Code and if they wish to lead any evidence in defence, it is open for the petitioners to summon the witnesses when entered into defence.