Rajasthan High Court - Jaipur
Ramlal Jat vs . State Of Raj. & Anr. on 4 November, 2015
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R S.B. Criminal Misc. Petition No.5572/2015 Ramlal Jat Vs. State of Raj. & Anr. DATE OF ORDER ::: 04th November, 2015 HON'BLE MR. JUSTICE BANWARI LAL SHARMA Mr. Kamal Kant Vyas, for petitioner.
Mr. Aladeen Khan, PP.
Learned counsel for the petitioner submits that witness no.2 Vinod and witness no.4 Hansraj who have been cited as prosecution witnesses in list of witnesses, submitted by prosecution but they have not been summoned and examined during trial and application Annexure-2 filed by the petitioner u/s 311 Cr.P.C. for summoning of witness no.2 and 4 was wrongly dismissed by the learned trial court vide order dated 3.11.2012, therefore, the impugned order dated 3.11.2012 may be quashed and set aside and both the witnesses may be ordered to summon.
Heard.
The witnesses which have been cited by prosecution in the list of witnesses, amongst them which witnesses have to be examined is a prerogative of prosecution further court can summon u/s 311 Cr.P.C. to any witness but accused has no right to force the prosecution for examining particular witness/ witnesses. In view of it, there is no substance in this petition and the same is dismissed.
[BANWARI LAL SHARMA], J.
Brijesh 52.
''All corrections made in the judgment/order have been incorporated in the judgment/order being emailed''.
Brijesh Kumar Jr. PA