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[Landmark Judgement] Anupam Singh V. State of U.P. (2024)

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Landmark Judgment Law Insider (1)

Published on: February 4, 2024 at 00:20 IST

Court: High Court of Allahabad

Citation: Anupam Singh V. State of U.P. (2024)

Honourable High Court of Allahabad has held that Section 233 of the Code of Criminal Procedure, 1973 allowed the Accused person to produce their witness are those who have not been examined as prosecution witnesses at any stage. It is held that it is a right of the accused to produce witnesses observed that there is no law or any precedent which prohibited the prosecution witnesses cited in the chargesheet and discharged during the trial for any reason whatsoever, cannot be examined as defence witnesses.

7. Section 233 Cr. P.C. finds place under Chapter XVIII titled as ‘trial before a court of session’. This provision is essential part of session trial and is applicable when the prosecution evidence is complete and the accused is given an opportunity to produce the evidence in its defence. Undoubtedly this right has been given to the defence to produce its witnesses as part of fair trial and as part of legal principle of hearing both the sides.

In my opinion, here the right belongs to the accused and not to the court concerned, in the sense that the court concerned shall ordinarily issue process and can decline to summon the witness only for the reason that the request is made for the purpose of vexation or delay or for defeating the ends of justice. The difference between the powers of the court and the right of the accused is too obvious. Under section 311 Cr. P.C., the power lies in the courts only and under section 233 Cr. P.C., the right lies with the accused and the court’s interference is limited. The court can only refuse to issue summons where it ought to have refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only.

Drafted By Abhijit Mishra