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Judgment
Brij Kishore Dubey, J.—This Criminal Revision u/s 397 & 401 of Cr.P.C. is preferred against the order dated 27.08.2013 passed by X Additional Sessions Judge, Gwalior in Sessions Trial No. 247/2012 whereby an application u/s 233 of Cr.P.C. for calling the witnesses in defence has been dismissed. Learned counsel for the petitioner submits that the petitioner is facing a criminal trial for the charge punishable under Sections 304-B and 498-A read with 34 of IPC and 3/4 of Dowry Prohibition Act, alongwith the other co-accused before X Additional Sessions Judge, Gwalior. In the aforesaid trial, the petitioner has taken the plea of alibi and for proving the aforesaid plea, the petitioner has submitted an application u/s 233 of Cr.P.C. for calling the witnesses from the Railway Department and BSNL in his defence but the learned Court below erroneously rejected the application.
The limited prayer of the learned counsel for the petitioner is for calling the Competent Authority of BSNL, Gwalior for proving the location of the mobile No. 8989473224 which was operated by the petitioner at Indore.
It is transpired from the record that in respect of proving the plea of alibi, the petitioner has submitted call details of the mobile No. 8989473224 from 06.07.2011 to 11.07.2011 which was alleged to be operated by the petitioner at Indore.
Considering the limited prayer made by the learned counsel for the petitioner and the facts and circumstances of the case, the impugned order passed by the Court below deserves to be modified.
Resultantly, this revision petition is allowed in part. The impugned order passed by the Trial Court is modified and it is directed that the Trial Court shall summon the Competent Authority of BSNL, Gwalior for securing his presence before the Court for examination on payment of process fee and necessary expenses of the witnesses by the petitioner within 10 days from today. After recording his statement in accordance with law the Trial Court is directed to proceed further in the matter.
With the aforesaid direction this petition is disposed of. Certified copy as per rules.