BANWARI Vs. STATE

JUDGEMENT

(1.) At 10 20 a.m. I was informed by the Deputy Registrar (Judicial) of this Court that instead of sitting in D.B. with Honourable Mr. Justice V.S. Dave, I have been allowed the cases of bail applications and items No. 1 to 26A of the Court of Honourable Mr. Justice Y.R. Meena have been placed before me for disposal. The change was necessitated as Justice Dave has not come to the Court.

(2.) At 10.45 a.m. as there was no Public Prosecutor in the Court, message were sent through the Jamadar to the Government Advocate Shri O.P. Shay ma to arrange for some Public Prosecutor for this Court but no one has appeared even though it is 11.45 a.m Message was again sent to Shri R.P. Agarwal. who is appearing in the cases in the Court of Honourable Justice sic was asked to send the case diaries which have been received by bile however. sent his own files saying that in none of the cases be has received the case diary. AU attempts to procure the assistance of P.P have failed and at the same time there is no assistance to the Court in the shape of case diaries In such circumstances, 1 have to proceed with the cases in absence of the Government Advocate/Public Prosecutor or the case diaries.

(3.) The case against this petitioner is under Sec. 460 1PC. Another accused namely the wile of the petitioner has already boon released on bail. This petitioner has been made connected with the crime on the basis of certain recoveries said to have been from him and his wife. Challan has been filed but the accused petitioner has not been put up in a line for purposes of identification and even trio items recovered have not been got identified by the complainant. The postmortem report describes the injuries as wounds without as much as stating as to whether they are lacerated wounds or incised wounds. Challan has already been tiled and the petitioner has remained in custody fur about eight months.