SHYAMDHAR Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Shyamdhar against the judgment and order dated 11th May, 1981, of Sri J. P. Singh, IV Additional Sessions Judge, Varanasi, in Criminal Appeal No. 309 of 1980 by means of which he remanded the case back to the learned Magistrate for re-trial.

(2.) VERY briefly stated, the prosecution case was that on 13-10-1976, Ramji Yadav, Reader of the court of the Consolidation Officer Gyanpur, was looking after the work of the Court. After lunch hours the applicant and three others demanded the file of Smt.Jaraswati v.. Kamla Shanker, because they wanted to look it up. Ramji Yadav, Reader, took out the file and kept it on the table, so that the applicant and others with him may be able to have a look at it, but when Ramji Yadav got busy in other work these persons took in the file of this case from the table and ran away with the file. A report of the incident was lodged at the police station and a case was registered, after investigations the applicant and three Others were prosecuted and were convicted by the learned Magistrate. On appeal the learned Additional Sessions Judge found that it was very necessary in this case to examine the S.O., P.S. Gyanpur and since he had not been examined he set aside the order of the learned Magistrate and remanded the case back to him with the direction that he shall record his evidence and then decide the case. It is against this order that the present revision is directed.

(3.) THE learned Additional Sessions Hudge found that the S. O., C. R. Chaudhary had not been examined in this case. It was absolutely necessary that he should have been examined, and because he [had not been examined, therefore, the applicant and others were prejudiced and it was for this reason that he remanded the case back to the Magistrate for re-trial, and directed that S. O , C. R. Chaudhary be also examined as a witness.