RAJ KUMAR Vs. BHAGWAT SARUP

JUDGEMENT

(1.) IN this petition filed under Section 401 of Code of Criminal Procedure prayer is to set aside order dated 24.12.1992 passed by Shri V.P. Bishnoi, Chief Judicial Magistrate, Jind, who declined to record evidence of PW Raj Kumar, who was present in Court on the very same date when prosecution evidence was closed.

(2.) THE facts that emerge from the impugned order reveal that the evidence of prosecution was closed by order dated 9.12.1992 and on the same very date. PW Raj Kumar, stated to be an eye witness, as stated by learned counsel representing the petitioner herein, appeared and moved an application for recording his statement as witness because he was present in Court and was not called by the Court to appear in the witness box.

(3.) IN considered view of this Court, learned trial Court did not take into consideration, at all, provisions of Section 311 of the Code of Criminal Procedure, which read thus :-