SURENDRA KUMAR AND ANOTHER Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition under Sec. 482 Cr.PC. is filed by complainants petitioners against the order dated 22.7.02, whereby learned A.C.J.M. Srimadhopur, closed the evidence of two witnesses Surendra Kumar and Om Prakash in Criminal Case No. 25/2001, State of Rajasthan Vs. Gajanand and others .

(2.) I have heard learned cousnel for the petitioners and accused respondents Nos. 2 to 6 and learned Public Prosecutor and have gone through the impugned order. This case was fixed for prosecution evidence on 22.7.02. On that date, an application by these two prosecution witnesses who are petitioners before this Court was moved for adjournment on the ground of their illness. Learned Magistrate observed that they did not appear unwell by face and further they declined to depose inspite of repeated directions, hence their evidence was closed. It was also observed that it appears that a false case was got registered and the case was fixed for remaining evidence on 10.10.02.

(3.) Learned cousnel for the petitioners contended that both the witnesses were not feeling well and they submitted an application in writing but the case was adjourned for remaining evidence and under these circumstances the evidence should not have been closed and further there was no occasion to make such observation that it appears to be a false case. Learned Public Prosecutor did not support the impugned order while learned counsel for the accused respondents Nos. 2 to 6 submitted that both the petitioners were intentionally delaying the trial and they did not depose before the trial court inspite of repeated directions.