STATE Vs. RANDHIR SINGH

JUDGEMENT

(1.) THE challenge here is to the impugned order of the trial Magistrate of March 21. 1986 closing the complainant's evidence.

(2.) A perusal of the order shows that on January 21, 1986 two prosecaution witnesses Yashwant Singh and Ashok Kumar were not present despite service. Bailable warrants were accordingly issued to secure their presence for the next date of hearing which was February 28 1986. On this date, i.e. February 28, 1986, Yashwant Singh was present and his statement was recorded but the other witness Ashok Kumar was again not present. It was accordingly ordered that his presence be secured by the issuance of the bailable warrants for the next date of hearing i.e. March 21, 1986. In the order of February 28, 1986, it was also mentioned : "Last opportunity is granted." On March 21, 1986, when no witness for prosecution was present, the trial Magistrate proceeded to close the prosecution evidence saying : Today is the last opportunity".

(3.) THIS revision petition is thus hereby accepted.