Code of Criminal Procedure, 1973–Sec. 243(2) [Corresponding Sec. 266(2) of BNSS, 2023]–Application for summoning the defence witnesses–Dismissed with the view that it was an old case and petitioner filed the application to prolong the trial–Justification–Petitioner-accused waited for fourteen years as the prosecution was given such time for producing the evidence–It jeopardized the petitioner’s fundamental rights and while his turn has come, Trial Court is not tolerating for few days to summon the witnesses in defence –It is an absolute discrimination between the parties–Trial Court is directed to summon the witnesses R & M.
