BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the first session, request was made to adjourn the case on the ground that Mr. H. S. S. Kharlia, learned counsel for the petitioner was not available and the matter was kept in second session. Mr. Sanjay Deshantri, appears in second sitting at 20. 00 PM. Once again he prayed time on the ground that Mr. Kharlia is out of station. That request was rejected in view of the fact that this petition was having no substance.

(2.) AS per the averments made in the petition, the petitioner was earlier arrested in criminal case registered against him under FIR No. 278/94 for the offence punishable under Sec. 8/18 of the NDPS Act on 9. 12. 94. Ultimately at the end of trial, he was acquitted on 25. 6. 97. However, when he was in custody and to be produced before the Magistrate, he tried to abscond on 16. 12. 94, but his attempt failed and he was apprehended immediately. For this, another criminal case under FIR No. 201/94 was registered against him. In that case, on the conclusion of trial, he was found guilty and was convicted under Sec. 224 IPC and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 50/- by Judgment and order dated 22. 6. 95.

(3.) IN view of the above, the prayer made by the petitioner in this petition to reconstitute the file of criminal case No. 1/95 of Judicial Magistrate, Bijoliya and to supply the copies of the documents and Judgment, cannot be granted. Hence in view of the above discussion, this petition fails and is hereby dismissed. .