ORDER :

1. Petitioner has challenged order dated 17.03.2021, passed by the Principal Sessions Judge, Pulwama, whereby the learned Sessions Judge has declined to exercise his jurisdiction under Section 540 Cr.P.C. for summoning and examining two prosecution witnesses.

2. Before coming to the impugned order, it would be apt to refer to the facts leading to passing of the impugned order. It appears that the respondent is facing trial for offences under Section 302, 364, 201 RPC in a case arising out of FIR No. 135/2014 registered with Police Station Awantipora. The trial is pending before the Court of learned Principal Sessions Judge Pulwama. The case pertains to murder of one Firdous Ahmad Hurrah who is alleged to have been kidnapped and murdered by the accused, whereafter his dead body was recovered from river Jehlum. It appears that prosecution evidence was closed by the trial Court, whereafter statements of the accused under Section 342 Cr.P.C. have been recorded. The accused, it appears, have chosen not to produce any evidence in defence and the case has been set down for final hearing. At this stage the prosecution made an application before the learned trial Court seeking permiss