STATE Vs. AB GAFFAR WANI

JUDGEMENT

(1.) THIS is a reference made by the Chief Judicial Magistrate Srinagar, recommending that the order dated 10 -9 -77 of the trial magistrate closing a part of the prosecution evidence, be set aside.

(2.) I have heard the learned counsel for the parties and also gone through the impugned order. The record reveals that on the hearing previous to the one under reference the court had issued process against certain witnesses but it had not been received back and as such fresh process was ordered to be issued, It is true that in that previous interlocutory orders there was a direction to the prosecution to produce all the witnesses but because of the fact that some of the prosecution witnesses are Government employees, this order could not be complied with by the prosecution with the result that the court ordered that only those witnesses who are being summoned by the court should be summoned and the rest of the evidence of the prosecution was treated as closed.

(3.) IN my opinion, no useful purpose to advance the cause of justice will be served by this impugned order.