INDAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused petitioners and the Public Prosecutor appearing on behalf of the State.

(2.) This petition under S. 482 Crimial P.C. has been filed by accused petitioners against the order dated 10.10.2000 passed by the Additional Chief Judicial Magistrate (Railways) Ajmer in criminal case No. 194/84 by which the application filed by accused petitioners under S. 311 Crimial P.C. was rejected.

(3.) The facts, in short, giving rise to file this petition are that the accused petitioners are facing trial before the court of Additional Chief Judicial Magistrate (Railways) Ajmer in the abovementioned criminal case. On 23.9.2000 the case was fixed for recording evidence of prosecution witnesses. Statements of PW 2 Madho Singh, PW 3 Laxmi Narayan Chauhan, PW 4 Santosh Kumar Tandon and PW 5 Goss Mohammad were recorded by the learned Magistrate on 23.9.2000 but on that day the counsel for accused petitioners was not present, hence they were not cross-examined. On 3.10.2000 an application was moved on behalf of the accused petitioners that the abovementioned witnesses be recalled for purposes of cross-examination. That application was rejected by the learned Magistrate vide order dated 10.10.2000. Aggrieved by the said order this petition has been filed.