BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482 Cr.P.C. has been filed by complainant Bhanwar Lal against the order dated 6.2.2002 passed by Learned Addl. Sessions Judge (Fast Track), Nagaur in Sessions Case No. 187/2001, whereby, the evidence of the prosecution has been closed.

(2.) BRIEFLY stated the relevant facts of the case are that in F.I.R. No. 224/97 Police Station, Ladnu lodged on the complaint of petitioner complainant, after investigation, a challan was filed against the non -petitioners No.2 to 4 for the offences Under Sections 341, 447, 323, 379, 325 and 302/34 I.P.C., wherein presently trial is pending. Learned Addl. Sessions Judge tried to summon Dr. D.K. Sharma, who conducted autopsy on the dead body of deceased Pukh Raj, but despite issuing of the summons, bailable warrants and warrant of arrest, the witness could not be produced by the prosecution and ultimately the evidence of the prosecution was closed on 6.2.2002 by the learned trial court as it was reported on his warrant of arrest that his present address was not available. Thereafter, the trial Court has recorded statements of the accused Under Section 313 Cr.P.C. and their defence evidence. Now the case is fixed for final arguments. The petitioner complainant has furnished the present address of the witness namely Dr. D.K. Sharma and has prayed that direction may be given to the, learned trial Court to summon and examine this essential witness in exercise of its powers Under Section 311 Cr.P.C. because without his examination the post mortem report prepared by him will not be read in evidence and the case which is otherwise very strong case will fail against the accused non -petitioners No.2 to 4 resulting in miscarriage of justice. In this regard he has relied upon 2002 (1) Crimes 197 (S.C.) Shailendra Kumar v. State of Bihar and Others).

(3.) LEARNED Counsel for the non -petitioners has raised a preliminary objection that the impugned order is revisable and a revision petition ought to have been filed against the said order and this petition Under Section 482 Cr.P.C. is not maintainable.