Case Note & Summary
The case involved an appeal by Laxman Prasad Yadav against the State of Bihar. The appellant sought permission to summon a document dated 20th March, 2004 from the Command Hospital, Western Command, Chandimandir, which was deemed necessary for the trial. The Supreme Court, after hearing the arguments from both sides, allowed the appeal to the extent of permitting the summoning of the document. The court directed that the appellant must deposit the requisite costs for summoning the witnesses before the Trial Court within two weeks. Furthermore, the Trial Court was instructed to ensure that the trial is concluded as expeditiously as possible. The appeal was allowed subject to these conditions.
Headnote
A) Criminal Procedure - Document Production - Summoning of Document - Not applicable - The court permitted the appellant to call for a document dated 20th March, 2004 from the Command Hospital, Western Command, Chandimandir, with the condition that requisite costs for summoning witnesses shall be deposited before the Trial Court. The Trial Court was directed to ensure that the trial is concluded expeditiously (Paras Not mentioned).
Issue of Consideration
Whether the appellant could summon a document from the Command Hospital for the trial.
Final Decision
The Supreme Court allowed the appeal to the extent of permitting the appellant to summon the document from the Command Hospital, with conditions for cost deposit and expeditious trial.
Law Points
- Document production
- trial expeditiousness
- appeal allowance
