ORDER

Present petition is filed under Section 482 of CrPC against the order dated 12.10.2022 passed by Second Additional Sessions Judge, Sabalgarh, District Morena in S.T. No. 303/2017 wherein, application under Section 233 of CrPC filed by the petitioner was dismissed.

The facts in brief to decide the present petition are that the petitioner is facing trial under Section 302, 294/34 of IPC as S.T. No. 303/2017. During the stage of examination of defence witnesses, petitioner filed an application under Section 233 CrPC before the trial Court, which was dismissed by order impugned.

Learned counsel for the petitioner argued that the impugned order is perverse and agains the settled principle of law. The trial Court exercising its right under Section 319 CrPC has arrayed the petitioner as an accused and present petitioner is facing the trial. The petitioner has a right under Section 233 CrPC to call for the documents or witness, however, the trial Court while dismissing the application under Section 233 CrPC committed error by not allowing the petitioner to avail his right. Therefore, the impugned order be set aside and petitioner be permitted to present the defence in the matter by giv