BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under section 482 Cr. P. C. has been filed by the petitioners who are 24 in number against the order dated 28. 6. 1990, passed by M. J. M. 1st class Laxmangarh (Alwar) in case No. 55/78. 2.

(2.) IT is apparent from the record that all these 24 persons are facing trial for the last 12 years but unfortunately the trial could not be completed for one reason or other. After giving several opportunities, when the prosecution did not examine certain witnesses, the learned Magistrate closed evidence of the prosecution in the year 1987. Subsequently , on the application of the A. P. P. the prosecution evidence was re-opened. This order was challenged before this Court in S. B. Cr. Misc. Pet. No. 634/89. This Hon. Court was pleased to accept this petition and the order of the learned Magistrate, granting further opportunity to the prosecution to lead evidence was set aside.

(3.) IT is made clear keeping in view that the petitioners are facing trial for the last 12 years, as such, they may moved an application for exemption of their personal attendance. The said application should be considered sympathetically for the reasons mentioned above, if moved with these observations the petition is disposed of. .