The case of the appellant is that from 12.10.2013 to 17.10.2013 the Courts were closed because of public holidays.
The appellants case is that on the date of incident he was number in Indore.
Being aggrieved by the said order the appellant filed criminal revision in the High Court.
For summoning the remaining six witnesses an application was made by the appellant on 12.11.2013 before the learned Sessions Judge which was rejected on the same date on the ground that the High Court by its order 11.10.2013 had given the appellant one months time.
It appears that on 11.11.2013 out of nine witnesses, three witnesses appeared and they were examined by the Trial Court.
However, the appellant had number taken the required steps within that period.
Hence this appeal by special leave.
In support of his plea the appellant wanted to examine nine witnesses from Nimach.
It appears from the order dated 11.10.2013 passed by the High Court that the High Court directed the Trial Court to issue numberices to the companycerned witnesses for their appearance before the Court within a period of one month from the date of the order i.e. 11.10.2013.
The Trial Court issued summons to the nine witnesses on 30.10.2013 for their appearance before it on 11.11.2013.
He, therefore, moved an application for summoning those witnesses.
He has pleaded alibi.
Leave granted.
He is facing charges under Sections 294 307 read with Section 34 of the Indian Penal Code.
According to him, he was in Nimach District.
The appellant is an accused in S.T. No.461 of 2010 pending on the file of Additional Sessions Judge, Indore.
The High Court by the impugned order refused to interfere with the order dated 12.11.2013 passed by the Trial Court.
The appellant obtained the certified companyy of the order dated 11.10.2013 on 18.10.2013 and moved the Trial Court on 30.10.2013.
