Order to file affidavit to examine defense witnesses
Heard Learned Advocate for the parties.
Ld. Advocate for the accused had submitted that the accused has stated in his further statement recorded under section -313 of Crpc, Categorically that he wants to examine defense witnesses more over he has also filed an application under section-315 of Crpc, the same may be allowed, he will procure the presence of witnesses in the court. In the interest of Justice the application may be allowed.
Ld. Advocate for the complainat submitted that just to prolong the case, the accused has cited______witnesses for his defense. He has not stated in this application for what purpose he wants to examine these witnesses. Complainant has proved his case and produced all the evidence, therefore, this application may be rejected.
I have gone through the application. I have considered the rival contentions of both the sides. I have also gone through the provision of law. It is the right of the accused, if he wants, to examine witnesses for his defense. Section-145 (2) of N.I. Act provides that accused may take available defense and prove his case.
Section-145(2) reads as under.
The court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.
Keeping this provision in mind the following order is passed.
Order
The present application is allowed.
Accused is directed to get it file the affidavits of his defense witnesses and also procure their presence on next date of hearing for their cross-examination. No order as to cost.
Date________ JMFC_________