LAWS(RAJ)-2021-2-85

SURESH KUMAR Vs. STATE OF RAJASTHAN

Decided On February 19, 2021
SURESH KUMAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present petition under Section 482 CrPC has been filed against order dated 12.10.2020 passed by Additional Session Judge Chirawa, District Jhunjhunu in session case no. 160/2016 titled as State v. Harkori and Ors. vide which the application of the prosecution filed under Section 311 CrPC for recalling of Investigating Officer to exhibit the articles seized in the course of investigation was rejected.

(2.) Heard learned counsel for both the sides and perused the material made available on record.

(3.) Learned counsel for the petitioner submits that for just decision of the case the important articles seized during the course of investigation are required to be exhibited by the Investigating Officer still learned trial court has rejected the application of prosecution. The impugned order is illegal and deserves to be quashed. He has placed reliance on Rajendra Prasad v. Narcotic Cell (1999) 6 SCC 110.