The accused's right to summon defense witnesses is fundamental and must be upheld unless there are compelling reasons to deny such requests.

ORDER

1. By way of filing the instant revision petition challenge has been made to the order dated 17.04.2023 passed by the learned Additional District & Sessions Judge, Churu in Criminal Case No.10/2012 whereby the application filed by the accusedpetitioners under Section 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 & 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 Section 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 Section 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 dated 17.04.2023 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 dated 17.04.2023 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.

4. Besides constitutional guarantee provided under Article 22 of the Constitution of India, the statutory provision contained under Sections 233 and 303 of the Cr.P.C. have given an absolute right in favour of the accused to defend himself/herself/themselves and to lead evidence in support thereof. The legal provision envisaged under the Code of Criminal Procedure makes it abundantly clear that after examination of the accused under Section 313 Cr.P.C., he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. While dealing with the identical issue, this Court in the matter of Gafur Khan Vs. State of Rajasthan (S.B. Criminal Revision Petition No. 1347/2022 decided on 14.12.2022) has observed as under:-

The right to defend oneself provided under the statute is akin to a fundamental right guaranteed by the Constitution. The scheme of the Code of Criminal Procedure is in consonance with the spirit of the Constitution and criminal jurisprudence. In every prosecution, after commencement of trial, the prosecution is invited to produce its evidence. Upon completion of it, an explanation is being sought under Section 313 of the Cr.P.C. regarding the evidence adduced against the accused. It is also asked to him/her whether he/she wants to produce evidence in his/her defence. As envisaged under Section 315 of the Cr.P.C., the accused is also a competent witness and he/she can be examined on oath to prove his/her innocence. The legal position in this regard is very much clear and the same is stipulated under Section 233 of the Cr.P.C. which is reproduced a