KUNDANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) BY the impugned order, learned trial court has dismissed the petitioner's application under Section 319 Cr.P.C. for taking cognizance against the present non -petitioners No. 2, 3 and 4 who had at the relevant time were Executive Engineer, Assistant Engineer and Junior Engineer respectively.

(3.) DURING trial, some of the prosecution evidence was recorded being PW -1 Laxmi Narayan and PW -2 Kundanmal. These witnesses were examined on 4.9.1997 and since, these two witnesses are alleged to have established involvement of the present non -petitioners No. 2 to 4 in the commission of the offence for which the other accuseds have been charged, on 16.10.1997 itself, the present application under Section 319 Cr.P.C. was filed. It is contended in the application that these three persons had been let off by the investigating agency, in view of the persons being officers and could wield sufficient influence. It is also alleged that the two witnesses have clearly established the complicity of these persons in the offence as eye witnesses. With this, it was prayed that cognizance be taken against these three persons for the offences under Sections 447, 147, 148, 149, 323, 325 and 504 IPC.