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DEEPAK VERMA
Sunder Lal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application to quash order on witness summoning (Para 2 , 3) |
| 2. dispute over summoning prosecution witness as defense witness (Para 4 , 5) |
| 3. court's analysis of witness summoning applications (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. limitations on summoning prosecution witnesses (Para 12 , 13) |
| 5. court's dismissal of the application (Para 14) |
JUDGMENT
Deepak Verma, J.
Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 15.07.2023 passed by Additional Sessions Judge, Court No.5, Varanasi in Session Trial No.399 of 2019 ( State v. Girja Shankar & others) arising out of Case Crime No.722 of 2018, under sections 304B, 498A I.P.C., Police Station Rohaniya, District Varanasi, pending in the court of Additional Sessions Judge, Court No.05, Varanasi and direct the learned trial to summon and examine Pradeep Gaur as a defence witness on behalf of the applicant in Session Trial No.399 of 2019 (State v. Girija Shankar and others).
3. Learned counsel for the applicant submits that FIR was lodged by opposite party no.2 regarding unnatural death at police station Rohaniya, under secti
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 trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.
The court affirmed that under Section 311 Cr.P.C., witnesses can be summoned at any stage if their testimony is essential for justice, prioritizing truth and fairness in trials.
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
Non-examination of all witnesses does not invalidate summons if sufficient evidence supports the charges; proceedings against deceased individuals are abated.
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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