IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 123 of 2011 Raj Kumar S/o Kanhaiya Lal R/o 33, Rispana, Dehradun, District Dehradun …Revisionist Versus State of Uttarakhand …Opposite party Hon’ble Prafulla C. Pant, J. Mr. L.K. Tiwari, Advocate present for the revisionist. Mr. M.A. Khan, brief Holder present for the State. Heard. This revision is directed against order dated 25.05.2011 passed by Additional Sessions Judge/Fast Track Court VI, Dehradun, whereby said court has recalled its order dated 28.03.2011 passed in Sessions Trial No. 188 of 2006. Brief facts of the case are that the revisionist-Raj Kumar is facing trial in respect of an offence punishable under Section 307 of I.P.C. The prosecution evidence is over. After recording the statement of accused under Section 313 Cr.P.C., the sessions trial was fixed for recording of the defence evidence. It appears that on 28.03.2011 counsel for defence moved an application seeking that summons be issued to Dr. Nishant, Sr. Resident Doctor, Lok Nayak Hospital, Jawaharlal Nehru Marg, New Delhi. On said application, trial court passed an order on 28.03.2011 that the said doctor be summoned on the condition that the defence shall pay/deposit Rs. 5,000/- towards expenses of the witness summoned. The condition was challenged by the revisionist before this Court by filing petition under Section 482 Cr.P.C., which was dismissed. The trial court instead of summoning the witness on the expenses of accused as directed by it, now took the somersault and recalled the order of summoning the witness sought to be examined by the defence. I agree with the argument of counsel for the revisionist that impugned order dated 25.05.2011 passed by the trial court kills the spirit of fair trial. Therefore, this revision is allowed. The impugned order dated 25.05.2011 is set aside. The trial court is directed to summon the witness Dr. Nishant by issuing summons to his present/latest address on the condition as mentioned by him in its order dated 28.03.2011. (Prafulla C. Pant, J.) VKG 07.06.2011