NAZIR MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant revision petition under Section 397/401 Cr. P. C. oetitioner has challenged the order dated 6-2-2002 passed by the Special Judge SC/ST (Prevention of Atrocities Cases), Bikaner whereby he has set aside the order dated 30th March, 1999 passed by Additional Chief Judicial Magistrate, No.l, Bikaner acquitting the accused-petitioner for offences under Sections 420, 467 and 468 I. P.C.on the ground that for complete seven years the prosecution has failed to produce the witnesses to prove its case and send the matter back, with direction to proceed with in accordance with law.

(2.) I have heard learned counsel for the parties and perused the impugned order.

(3.) It appears that the petitioner himself was not appearing before the trial Court. In fact the proceedings continued upto the year 1997 because of the fault of the accused petitioner and not of the prosecution Witnesses could not be produced as summons were not served on them.