RATAN KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition filed under Sec. 482 Cr. P.C. has been preferred against the order dated 11-1-199 1 passed by the learned AddI. Sessions Judge, Bhilwara in Sessions Case No. 38/89 State v. Bhaguta & Ors. u/ss. 302, 307 IPC, whereby the application filed by the accused non-petitioners was allowed and it was directed that all the prosecution witnesses be reexamined.

(2.) Initially, the police submitted charge-sheet against co-accused Bhaguta, Heera, Mohan and Kana only. The charge was framed against them, who pleaded not guilty and the statements of as many as fourteen prosecution witnesses were recorded. Thereafter, the Public Prosecutor filed an application u/s. 319 Cr. P.C., which was allowed and by order dated 6-11-1989, cognizance against accused non-petitioners Udai Singh and Bhanwar Singh for the said offences was also taken, who after their appearance, filed an application praying that the trial of the case be commenced afresh and all the prosecution witnesses be called for recording their statements. By the impugned order, the learned trial Judge accepted that application against which this petition has been filed.

(3.) The contention of Mrs. T.S. Champawat, learned counsel for the complainant-petitioner, is that it is not necessary to re-examine all the prosecution witnesses and that the accused persons should only be allowed to further cross-examine those witnesses. According to him, if the prosecution witnesses are directed to be examined afresh, it will adversely affect the prosecution case.