- (1.) RULE. Heard forthwith by consent of learned counsel appearing on behalf of applicant.
(2.) THIS is a revision application filed under sections 397 and 401 read with section 482, Criminal Procedure Code read with Article 227 of the Constitution of India.
(3.) THE case is under prosecution by the Central Bureau of Investigation. This is a revision petition by accused making a grievance that important prosecution witness Prabhuprasad Kisanlal cited by the prosecution, has not been examined. Application was filed by the accused seeking order that said unexamined prosecution witness be summoned and be examined. This application was opposed by the prosecution on the ground that accused was irving to delay the trial. Learned Additional Sessions Judge heard the said application and rejected it. The rejection of the application is, inter-alia, on the following grounds : (a) Upon the prosecution admitting the documents, case was fixed for arguments; (b) The accused has submitted application for examining the defence witness which request was not rejected by the Court. Instead of bringing the defence witnesses, accused submitted application in question; (c) That, the Court was under transfer and under the directions of the High Court, it was necessary for the Court to have completed the part - heard trial; and (d) That, the effort of insisting on prosecution to examine the witness which was declined by the prosecution, amounted to deliberate attempt to protract the trial. ;