' The order, dated 1-4-1999 passed by learned Additional Sessions Judge has been assailed through this Criminal Revision, inter alia on the ground that the witnesses summoned by the learned Trial Judge under section 540, Cr.P.C. Are not essential for just decision of the case.
2. Detailed arguments have been addressed with an attempt to show that that the statements likely to be made by these witnesses would not in any manner render any help to arrive at some just conclusion, In support of his contention the learned counsel has cited the following authorities:--- 1998 PCr.LJ 2059. 1997 PCr.LJ 1553. 1997 PCr.LJ 1727. 1995 SCM R 821, and 1994 SCM R 550.
' There is no cavil with the proposition that any witness who is essential to the just decision of the case can be "summoned under section 540, Cr.P.C. This power has been conferred on the trial Court to ascertain true facts and thereafter to render just and proper decision. It is not possible for this Court to record the findings even before the witnesses are examined, that their statements likely to be made, would not be essential. It amounts to putting a cart before the horse. The learned trial Judge has powers under section 540, Cr.P.C., to summon any witness if in his judgment he considers that the statement of the witness is essential. The order may be interfered with if it is found to be perverse, arbitrary, totally illegal or without lawful authority. Nothing as such has been pointed out. This revision petition, therefore, is misconceived and same is dismissed.
Revision .