RADHESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) THIS petition has been filed under Section 482 read with Section 407 (1) Cr.P.C. for recalling this court's order dated 19.9.94, which was corrected vide order dated 22.9.94 passed in S.B. Cr.Misc. Petition No. 584/94 "Rajeev Joshi vs. State", whereby the sessions case arising out of FIR No. 150/91, Police Station, Amba Mata, Udaipur, which was committed by the learned Addl.CJM, S.P.E. Cases, Jaipur, was withdrawn from the file of learned Sessions Judge, Jaipur District and transferred to the file of learned Sessions Judge, Udaipur for trial in accordance with law.

(3.) ON the other hand, Mr. M.L. Garg, learned counsel for the accused non-petitioner No.2, has seriously contested this petition and asserted that there was no suppression of material facts in the petition filed by him; that since it was a State case and the investigation was conducted by the C.B.I., petitioner Radhesh Chandra was not a necessary party in that petition nor he has a locus standi to file this petition for recalling the impugned order, which was passed in the presence of the learned Public Prosecutor and the learned Standing counsel for the C.B.I. after hearing them.