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Kawar Pal Alias Ghuttu v. State Of U.P. And Another - APPLICATION U/s 482 No. 16306 of 2006  RD-AH 20911 (12 December 2006)
Hon'ble Vijay Kumar Verma, J.
Heard Sri Satyendra Narayn Singh, learned counsel for the applicants and learned A.G.A. and perused the record.
Order dated 25.11.2006 passed by the Additional Sessions Judge, Court No. 2, Muzaffar Nagar in Sessions Trial No. 1729 of 1988 (State of U.P. Vs. Kuwar Pal), under Section 302 and 504 IPC has been sought to be quashed in this proceedings under Section 482 Cr.P.C. and it is also prayed that direction be issued to the court below to summon the witnesses Madan Singhl Suresh Pal, Saeed, Om Singh and Anoop Singh as defence witnesses.
From the record it transpires that during the pendency of aforesaid sessions trial an application bearing paper no. 181 Ka-1 was moved on behalf of applicant Kuwar Pal @ Ghuttu for granting permission to examine above named witnesses in his defence, but the said application has been rejected by the court below vide impugned order.
It is submitted by the learned counsel for the applicant accused that there is no legal bar to examine the witnesses of charge sheet on behalf of accused, which has been left over by the prosecution and hence for the end of justice, permission should be granted to the applicant-accused to examine the aforesaid witnesses in his defence.
Having heard the learned counsel for the parties and keeping in view of facts and circumstances of the case, for the end of justice one opportunity may be given to the applicant accused to examine the above named witnesses in his defence. I entirely agree with the contention of the learned counsel for the applicant-accused that witnesses of charge sheet who have not been examined by the prosecution can be called by the accused for his defence. There is no legal bar to examine the witnesses of charge sheet in defence, if such witnesses have been left over by the prosecution or have been discharged without examination.
In the result, this application is finally disposed of with the direction to the court below that if the witnesses Madan Singh, Suresh Pal, Saeed, Om Singh and Anoop Singh are brought by the applicant-accused to court on the next date fixed in the sessions trial aforesaid, then they be examined as defence witnesses. In case, the accused applicant face to bring the witnesses, and seeks unnecessary adjournment, the law will take its course and the court below may proceed further according to law.
v.k.updh/Crl. Misc. A 482/16306/06
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