NEKRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S. 482 of the Criminal Procedure Code, 1973 (for short 'the Code') directed against the order dated 2-4-1986 passed by the Judicial Magistrate First Class, Biora, District Rajgarh in Cr. Case No. 305/83 relating to an offence under S. 304-A of the Indian Penal Code.

(2.) Circumstances giving rise to the application are these. In the aforesaid case on the hearing dt. 19-7-85 the petitioner was not represented before the learned Magistrate by a lawyer and four witnesses had been examined. Subsequently a lawyer appeared . for the applicant and after inspecting the record, submitted an application praying that the four witnesses already examined be re-called.

(3.) The learned Magistrate rejected the prayer made in the application.