PUKHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The instant misc. petition has been preferred by the petitioners seeking quashing of the proceedings of Criminal Regular Case No. 571/2003 pending in the Court of the learned Judicial Magistrate No. 6, Jodhpur.

(2.) Succinctly stated the facts of the case are that the petitioners were both witnesses in a trial held by the learned Special Judge, Anti Corruption Cases, Jodhpur being Sessions Case No. 8/99 (State vs. Panna Lal). The, petitioners turned hostile and accordingly, at the conclusion of the trial, the learned Special Judge while deciding the Sessions Case directed that the petitioners should be prosecuted for the offence under Section 193 I.P.C. as they had given false evidence in the Court and accordingly under the provisions of Section 195 Cr.P.C. read with Section 340 Cr.P.C., a direction was issued for filing a complainant in the Court of the concerned Magistrate against the petitioners and the complainant Hadmana Ram (decoy). In pursuance of the said direction, a complaint was filed in the Court of learned Judicial Magistrate No. 6, Jodhpur. Pre-charge evidence was recorded and thereafter, the learned trial judge proceeded to frame charge against the petitioners by order dated 5.7.2005. Thereafter, evidence of the Presiding Officer (the complainant) has been recorded at the trial.

(3.) Now the petitioners have preferred the instant misc. petition seeking quashing of the proceedings of the complaint pending against them in the trial Court.