RAJESH Vs. BHAGIRAH AND ORS

JUDGEMENT

(1.) The Petitioner has impugned the order passed by Judicial Magistrate 1st Class, Palwal, dated 9.11.2010whereby application moved by the State under Section 311 Code of Criminal Procedure has been dismissed.

(2.) Learned Counsel submits that Petitioner was never served with summon by the prosecution which led to his failure to appear before the trial court. Learned Counsel further submits that Petitioner needs only one opportunity to appear as a witness and depose before the court.

(3.) Notice of motion.