GHISALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this petition u/section 482 Cr.RC. the complainant-petitioner has challenged the order dated 5.10.02, dismissing the application filed u/sec. 319 Cr.RC. for adding respondents Nos. 2 to 4 as accused-persons.

(2.) It was argued that one accused Gopal is facing trial in Sessions Case No. 31/01 for offences under Sections 498A and 304-B IPC and the prosecution evidence is in progress. During trial an application under Section 319 Cr.RC. was filed by the complainant which was dismissed by the impugned order. Now the learned counsel for the complainant petitioner prays that this petition may be disposed of with a direction to decide it at the time of final decision of the Sessions Case, this prayer is not opposed.

(3.) Consequently this petition along with stay application is allowed and the impugned order dated 5.10.02 is set-aside with a direction to the learned trial Judge to hear the application under Section 319 Cr.RC. at the time of final arguments in the sessions case and would pass appropriate order on that application, while deciding the sessions case.