STATE OF RAJASTHAN Vs. SUBRATI KHAN

JUDGEMENT

(1.) -This revision petition has been filed by the State against the order dated 23rd April, 1982 passed by the Special Judge, Court of Anti-Corruption Cases, Jodhpur in case No. 27/79. In the aforesaid case the respondent Subrati Khan is being prosecuted for offence u/s 161 I.P.C. and section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act. By the order dated 23rd April, 1982, the Special Judge has closed the evidence of the prosecution for the reason that the prosecution had failed to produce Shri Sawai Singh in spite of the case having been adjourned for number of occasions for recording the evidence of the aforesaid witness.

(2.) I have heard Dr. S. S. Bhandawat, the learned Public Prosecutor and Shri M. M. Singhvi, the learned counsel for the respondent.

(3.) The learned Public Prosecutor has submitted that Shri Sawai Singh is the Investigating Officer in the case and his evidence is of great importance for establishing the prosecution case. The learned Public Prosecutor has submitted that one opportunity may be aforesaid to the prosecution to produce Shri Sawai Singh as a witness on its behalf and that the prosecution will on its own secure the presence of the said witness in court.