JUDGMENT :

DINESH MAHESHWARI, J.

Leave granted.

2. In Sessions Case No. 05 of 2015 in the Court of Additional Sessions Judge Ratangarh, District Churu (Rajasthan), the accused-respondent No. 2 is facing trial for offences under Sections 302, 304-B and 498-A of the Indian Penal Code (‘IPC’) due to the death of his wife under unnatural circumstances in Nigeria. The appellant, mother of the deceased, moved an application under Section 311 of the Code of Criminal Procedure (‘Cr.P.C’) in the said case, seeking summoning of one Dr. I. Yusuf (who had conducted first postmortem of the dead-body of the appellant's daughter in Nigeria) through High Commission of Nigeria or to record his evidence through video-conferencing, after issuing a commission for the purpose.

2.1. By its order dated 31.05.2018, the Trial Court rejected the application so moved by the appellant, essentially for reasons that the trial was pending for almost 8 years; and that it was not necessary to record the statement of Dr. I. Yusuf because a copy of the post-mortem report prepared by him had already been exhibited. The appellant attempted to question the order so passed by the Trial Court before the High Court of Judicat