RASIK BEHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE applicant Rasik Behari Is being prosecuted for an offence under Section 7/16 of the Prevention of Food Adulteration Act From a perusal of the record it appears that Sri R. L. Trivedi. Food Inspector (F. W. 1) was examined under Section 252, Criminal P. C. on 8-7-1969 and the accused was examined on 22-7-1969. A charge was duly framed against the accused under Section 7/16 of the Food Adulteration Act It appears from the perusal of the order sheet that on 7-10-1969 in the presence of the accused the Court fixed 22-10-1969 for the prosecution evidence-On that day the witnesses did not come. On an application being made 21-11-1969 was fixed for prosecution evidence. On this date also the prosecution witnesses could not be produced. The date was therefore adjourned to 17-12-1969 for the aforesaid purpose. The case was again adjourned to 7-1-1970 on which date the accused and his counsel were present The statements of prosecution witnesses Shyatn Babu (P. W. 2) and Ram Lakhan (P. W. 3) were recorded under Section 256, Criminal P. C. Both these witnesses were cross-examined by the defence counsel. The prosecution evidence was closed and the witnesses discharged. The Magistrate fixed 21-1-1970 for recording the statement of the accused under Section 342, Criminal P. C. and for the defence. The Hindi order sheet of 7-1-1970 runs thus Aaj yah mukadma banasri mulzim mai vakil pesh hua. Shyam Babu aur Ram Lakhan gawahon ke beyanat likhe gai, aur saboot samapt hua Ata Adesh hua ki waste biyan 342 wa safaf misil tarikh 21-1-1970 ko pesh howe.

(2.) THEREAFTER on 21-1-1970 the accused did not appear and it was ordered that 10-2-1970 be fixed for his statement under Section 342 and for his defence. The Hindi order sheet dated 21-7-1970 is quoted as under:

(3.) ON 10-2-1970 when the case was called for hearing an application was filed on behalf of the accused for recalling the prosecution witnesses. This application was rejected by the Sub-Divisional Magistrate. Auraiya. Aggrieved by this order. Rasik Behari filed a revision before the Additional Sessions Judge, Etawah which was dismissed on 25-4-1970. The applicant has now come to this Court in revision.