RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 Criminal Procedure Code has been filed by the petitioners against the order dated 2.3.2002 passed by the learned Judicial Magistrate, 1st (lass, Degana in criminal regular case No. 203/99, whereby, the application filed on behalf of the petitioners for closing the prosecution evidence has been rejected.

(2.) Briefly stated, the relevant facts are that the petitioners are facing trial in the aforesaid criminal case before the learned lower court, wherein, charges were framed against them on 17.7.99 and both sides i.e. the complainant as well as the petitioners filed revision petitions against the said order of framing charges before the learned Sessions Judge, Merta which were dismissed on 20.1.2001. It is stated that the statements of only four witnesses could be recorded upto the filing of the application on 21.2.2002 before the trial court for closing the prosecution evidence in pursuance of the judgment in Raj Deo Sharma Vs. State of Bihar reported in 1999 Cr.L.R. (S.C.) 613 but the same was dismissed on 2.3.2002 and hence this petition.

(3.) I have heard learned counsel for the petitioners and learned Public Prosecutor on behalf of the State. Learned counsel for the petitioners, at the time of arguments, candidly stated that revision petitions filed by the complainant as well as petitioners remained pending before the learned Sessions Judge, Merta for a period of one year three months and in case the Court is of the view that this period is to be excluded then the period prescribed for completion of the prosecution evidence as per Raj Deo Sharma's case (supra) has yet not expired but if that period is not excluded then the period of two years prescribed for the completion of the evidence has expired and learned lower court has wrongly dismissed the application for closing of the prosecution evidence.