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FARJAND ALI
Subhash Dudi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The petitioner has preferred the instant criminal misc. petition under Section 482 of the Cr.P.C. being aggrieved by the order dated 14.02.2023 passed by the learned Additional Sessions Judge, Jodhpur District in Sessions Case No.61/2019 (CIS No.191/2018) whereby the application under Section 233(3) of the Cr.P.C. was partly allowed and certain witnesses were summoned for defence.
2. The petitioner is an accused of a case and facing trial. After completion of the prosecution witnesses, an explanation was sought under Section 313 Cr.P.C. wherein he abjured from the allegations and claimed innocence. When it was asked whether he would lead evidence in defence; the answer was in affirmative. He moved an application for summoning of certain witnesses to bolster his defence. The said application though allowed but for production of two witnesses only. It is not reflecting that for what reason the prayer for other witnesses have been rejected.
3. Section 233 of the Cr.P.C. gives wide powers to the trial Court to allow the accused to enter into defence. He may produce the witnesses in support of his defence or if the witnesses are not within his reach or it is shown th
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 accused has an unfettered right to summon witnesses essential for the defence, and the trial court's discretion to reject such requests is limited to preventing vexation or delay.
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
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.
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