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Judgment
Rakesh Tiwari, J.—Heard counsel for the applicants and A.G.A.
In this petition the first information report was lodged in the year 1995. The application for summoning the witnesses had been moved by the applicants before the court below. The witnesses who sought to be recalled are wife and father-in-law of the applicant No. 1. The trial is pending since long. The stage of trial has not been mentioned in this application but the counsel for the applicants states that deposition of prosecution witnesses had been recorded and the trial has not reached to the final stage.
In the aforesaid circumstances, it would be expedient in the interest of justice that an opportunity may be granted to the applicants. However, in the peculiar facts and circumstances of the case, considering facts that the witnesses which sought to be recalled are wife and father-in-law of the applicant No. 1 and long duration of pendency of application and long pendency of trial, the witnesses may be recalled on the following terms:
(1) Both the witnesses will appear on the same date fixed by the court below.
(2) No adjournment shall be granted on that date on the request of defence.
(3) Wife and father-in-law of the applicant accompanying her will be paid a sum of Rs. 3,000 in advance as costs, apart from other expenses to be fixed by the court below.
(4) With the above direction, the petition is disposed of.