Ram Nath Singh vs State Of U.P. & Another on 12 January, 2010

Court No. - 50

Case :- CRIMINAL REVISION No. - 5380 of 2009

Petitioner :- Ram Nath Singh
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Hemant Kumar
Respondent Counsel :- Govt. Advocate

Hon'ble Mrs. Poonam Srivastav,J.

Heard counsel for the revisionist and learned A.G.A. for
the State.

The order dated 3.11.2009 passed by Additional Chief
Judicial Magistrate-1 Mirzapur in Case No. 2383 of 2009
rejecting the application no. 16-Ba moved on behalf of
Ram Nath Singh, with the prayer to examine him as a
witness under Section 202 Cr.P.C. is impugned in the
instant writ petition.

No person can claim himself to be examined as witness
until and unless prosecution wishes to examine him. It is
always open on future date during the trial to produce
witness. There are number of alternatives. In view of this,
revisional jurisdiction has wrongly been invoked. The
revision lacks merit and is dismissed.

Order Date :- 12.1.2010
Iss