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ARUN KUMAR JHA
Jitendra Paswan – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—The instant revision application is directed against the order dated 07.08.2025 passed by learned Additional Sessions Judge-XII, Gopalganj in Sessions Trial No. 116 of 2024, arising out of Vijaipur P.S. Case No. 265 of 2021, whereby and whereunder the petition filed by the defense/accused petitioner under Section 233 of the Code of Criminal Procedure ( hereinafter ‘the Code’) has been rejected.
2. Facts of the case as it emerges from the record are that the opposite party no. 2 gave a written complaint to the police on 03.12.2021 alleging therein, that on 02.12.2021 at 04:30 P.M. he received information about petitioner Jitendra Paswan along with his men, forcibly ploughing his parental land. The informant along with his men who were present with him at that time, reached the spot and found the petitioner and other 18 co-accused persons making an unlawful assembly forcibly ploughing the land and they were variously armed. When the informant queried from the petitioner why they had been ploughing his land, at the instigation of the petitioner, the co-accused persons assaulted the persons accompanying the informant and a number of persons were stabbed. The nephew of
Co-accused cannot be summoned as defense witnesses in their trials under the Code without considering critical legal provisions; access to justice must be balanced with procedural integrity.
The accused has an indefeasible right to produce witnesses in his defense, and the court has a plenary power to summon any person at any stage of the proceedings to attain the highest goal of justice....
The court affirmed that an application under S.233(3) of Cr.P.C. must be justified and not intended to circumvent prior orders under S.311.
The accused has an absolute right to summon witnesses in defense, and the trial court must allow such requests unless there are cogent reasons to deny them.
The accused's right to summon defense witnesses is fundamental and must be upheld unless there are compelling reasons to deny such requests.
The court emphasized the necessity of allowing applications under Section 233 Cr.P.C. to ensure a fair trial, particularly in serious criminal cases.
The power to summon under Section 319 CrPC requires clear prima facie evidence, considering witness credibility, and must comply with previous judicial directives without undue haste.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The Trial Court has ample/wide power to summon any material witness or person for examination or re-examination in exercise of its power conferred upon it under Section 311 Cr.P.C. and this discretio....
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