AMAN KHAN Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the order dated 4/3/2009 passed by X asj, Indore in Cr. Rev. No. 163/2009 which is arising out of order dated 24/2/2009 passed by JMFC, Indore in cr. case No. 25927/05 whereby the application filed by the petitioner under section 437 (6) Cr. P. C. was dismissed, was maintained the present petition has been filed.-

(2.) SHORT facts of the case are that petitioner was prosecuted for an offence punishable under section 3,10 and 13 of Unlawful Activities (Prevention) Act 1967 and the petitioner was arrested on 19/8/2008. The application was filed by the petitioner under section 437 (6) Cr. P. C. , on 19/2/2009 wherein it was alleged that since more than 2 months have lapsed and no evidence has been adduced by the prosecution therefore petitioner be released forthwith. The application was contested by the State. After hearing the parties the application was dismissed against which a revision petition was filed which was also dismissed hence this petition.

(3.) LEARNED counsel for petitioner submits that after arrest of the petitioner on 19/8/2008 charges were framed against the petitioner on 30/11/2008 and for the first time case was fixed for recording of evidence on 15/12/2008. It is submitted that till 19/8/2009 no evidence was adduced by the prosecution, therefore application was filed by the petitioner on 19/2/2009. It is submitted that it is the statutory right of the petitioner to get himself released as no evidence was adduced by the petitioner within two months from the first day fixed for the evidence. Learned counsel further submits that thereafter also the case was listed for evidence on 18/3/2009. On that date also no witness of the prosecution was present and case was adjourned for 30/7/2009.