1. Heard.

2. In their trial for offences under S.302, S.201, S.120 - B RPC and 4/25 Arms Act, the petitioners (accused) have entered defence evidence vide the trial court order dated 28.09.2016. Their application for calling defence witnesses through court, filed after availing six opportunities for producing the witnesses, has been dismissed by the learned trial court vide its order dated 10.01.2017 with following observation:

'From the perusal of the application submitted by the defence it is evident that all the witnesses sought to be summoned through process of the court are residents of Kanpur. Though it is stated that witnesses are essential for just and proper decision of the case yet it is not disclosed as to how they are essential for the just decision of the case. It is not stated that how the said witnesses are relevant to this case. In the considered opinion of the court application is not sound and well founded. It seems to have been made with a view to protract the decision of this murder case.'

3. This order is impugned in this petition under S.561 - A of the Code of Criminal Procedure .

4. Leading defence evidence is a valuable right of the accused in a criminal trial,