RAM NIWAS Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This petition is directed against the order dated 27.11.02, whereby learned Addl. Sessions Judge (Fast Track) No. 2, Sikar, kept the application under Sec. 319 Cr.RC. with the observation that only one injured witness Ram Niwas has been examined and the remaining injured and eye-witnesses are yet to be examined and after their statements and the statement of Investigation Officer, this application will be considered.

(2.) Learned counsel submits that a direction may be given to consider this application after recording the statements of injured and eye-witnesses. This prayer is not opposed by Public Prosecutor. It is also observed that respondents Nos. 2 to 6 are not accused before the trial court hence notice of this petition is not necessary to them.

(3.) Consequently, this petition is disposed of with this direction that the trial Judge would decide this application after recording statements of the injured as well,as eye-witnesses. Petition disposed of with direction.