Court Sets Aside Trial Court's Order, Reinforces Accused's Rights Under Section 233 Cr.P.C.
In a significant ruling, the Allahabad High Court has reinforced the rights of the accused to a fair trial by setting aside a trial court's decision that had denied the summoning of defence witnesses. The judgment, delivered by Justice Vivek Kumar Singh, emphasized the essential right of the accused under Section 233 of the Criminal Procedure Code (Cr.P.C.) to summon witnesses for their defence, a right that can only be denied if the application is made for vexation, delay, or to defeat the ends of justice.
The case involved an application filed by Inderpal Singh, who is facing charges under multiple sections of the Indian Penal Code, including Sections 302 (Murder), 342 (Wrongful Confinement), 506 (Criminal Intimidation), and 34 (Acts done by several persons in furtherance of common intention), as well as Sections 25/27 of the Arms Act. Singh's defence included an alibi that he was not in India at the time of the alleged offence, backed by evidence including passport entries and shopping receipts from Thailand.
Singh's counsel argued that the trial court's refusal to summon officers from the Passport Office and the Bureau of Immigration to validate the passport entries and immigration stamps was unjust and violated his right to a fair trial. The counsel emphasized that these witnesses were crucial for proving Singh's alibi.
The prosecution, however, contended that the application to summon these witnesses was a tactic to delay the trial, which has been pending since 2016.
Justice Singh's judgment underscored that the trial court's refusal to summon witnesses was unsustainable in law as it did not record reasons based on the grounds permissible under Section 233(3) Cr.P.C. The High Court highlighted that the accused's right to summon witnesses is a fundamental aspect of ensuring a fair trial, which is a cornerstone of justice.
The order dated June 2, 2025, by the trial court was set aside, and Singh was directed to file a fresh application within 15 days for the issuance of processes to compel the attendance of the defence witnesses. The trial court has been instructed to consider this application in accordance with the law, ensuring no undue adjournments are granted to either party.
This judgment reiterates the judiciary's commitment to uphold procedural fairness and the rights of the accused, ensuring that justice is not only done but is seen to be done.
Bottom line:-
Right of accused under Section 233 Cr.P.C. to summon defence witnesses cannot be denied unless the application is made for vexation, delay, or defeating the ends of justice.
Statutory provision(s): Section 233 Cr.P.C., Section 311 Cr.P.C., Sections 302, 342, 506, 34 IPC, Sections 25/27 Arms Act
Inderpal Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2898793
