SAJID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Section 397/401 Cr.PC. is directed against the order dated 17.1.2003 whereby the application for getting the test identification conducted by the prosecution witness has been rejected by the Chief Judicial Magistrate, Sawai Madhopur.

(2.) Briefly stated the relevant facts are that dead fishes in huge quantity were 'recovered from the petitioner's shop on 7.10.2001 whereupon a case has been got registered which is pending investigation. The petitioner applied to the learned court below for issuing direction to the police for getting his test identification conducted by the prosecution witness but his application was rejected vide impugned order, hence this revision.

(3.) It has been contended by the learned counsel for the petitioner that it is the right of the accused to establish that the claim of the witness that he or she saw the accused at the scene of occurrence is false. Accused can do so by cross examination of witness himself and also making a request to the Court to pass order of holding test identification parade of the accused by the witnesses. In this regard he has cited the cases of Durga and others v. State of Rajasthan, 1982 RCC 389 and Hanuman Ram v. State, 1992 Cr.L.R. (Raj.) 670.