Court dismissed applicant's prayer to exempt complainant from producing witness under Section 202 Cr.P.C., directing magistrate to record statement expeditiously and disposed of application.
Prayer refused; magistrate directed to record statement of Dr. Manjit Singh expeditiously.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 5862 of 2018
Applicant :- Ved Ram Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Prem Sagar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
This application under Section 482 Cr.P.C. has been filed to exempt the complainant from examining Dr. Manjit Singh under Section 202 Cr.P.C.
Learned counsel for the applicant contended that court is regularly summoning Dr. Manjit Singh for recording statement, but his attendance could not be procured for a long time. Learned counsel for the applicant further contended that Dr. Manjit Singh is presently posted at Community Health Centre, Police Station - Dataganj, District - Badaun.
As per provision of Section 202 Cr.P.C., in session trial case, the complainant is bound to produce all the witnesses under Section 202 Cr.P.C.
In view of above, prayer made above is hereby refused. However, learned magistrate concerned is directed to ensure and record statement of Dr. Manjit Singh expeditiously.
With the aforesaid direction, the instant application is finally disposed of.
Order Date :- 13.3.2018 I. Batabyal
2 issues framed by the court
Whether an application to exempt a complainant from producing a witness under Section 202 Cr.P.C. was maintainable.
Whether the prayer to record statement of a witness was refused.
2 provisions across 1 enactments
Ved Ram
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
