(1.) RECORDING of prosecution evidence in criminal case No. 82-2 of 1997 entitled State v. Moti Ram and another was concluded by the learned trial court on December 6, 1987. On December 16, 1987 the prosecution applied for summoning of Mukand Lal and Kanshi Ram, entered in column No. 2 of the calendra as accused in this case on the grounds that required inculpatory evidence against them both was forthcoming from the depositions of complainant Jai Gopal and the two eye-witnesses named Moti Ram and Baru Ram. Observations made by the learned trial Court in this regard read :-
(2.) I have heard Shri Atul Lakhanpal, Advocate for the petitioner, Shri R. A. Sheoran, Advocate for the respondent-State and have carefully gone through the impugned order of the learned trial Court.
(3.) ABSOLUTE power in this regard being available with the learned trial Court to summon the petitioner as accused on the basis of evidence adduced by the prosecution against him which has been duly adverted to in para. 5 of impugned order there is absolutely no merit in the Criminal Misc. aforesaid. Dismissed. Misc dismissed.