BUDH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is facing trial under Sec. 380 and 457 I.P.C. alongwith co-accused Gyarsi Lal. In the trial 8 or 9 prosecution witness have been examined as stated by the learned counsel for the petitioner. However, the trial has been held-up as co-accused Gyarsi Lal has failed to appear in the Court and inspite of process issued to him he is not appearing.

(2.) In a similar situation, the petitioner had approached this Court and moved S.B. Criminal Misc. Petition No. 954/91 and this Court vide order dated, 24.4.92 has directed to separate the trail of the petitioner from the co-accused Gyarsi Lal and conclude the same at an early date.

(3.) It appears that the aforesaid order has not been brought to the notice of the concerned Court when the co- accused Gyarsi Lal has again failed to appear in the trial Court. Gyarsi Lal has again failed to appear in the Court on 12.4.93 and thereafter and if the learned counsel for the petitioner had brought to the notice of the trial Court about the aforesaid order dated 24.4.92 passed by this Court, perhaps the trial of the petitioner should have been separated from the trial of co-accused Gyarsi Lal. Be that as it may, the trial Court is again directed in the facts and circumstances, to separate the trial of the petitioner from that of co-accused Gyarsi Lal as the matter is a very old one. The Court shall take all efforts to conclude the trial within six months from the date of receipt of a copy of this order. The trial Court shall take effective steps to procure evidence and if necessary, the matter may be taken day-to-day or with a short interval. A copy of this order be sent to the concerned trial Court for compliance. The petition stands disposed of as indicated above.