CHHAJU RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under Sec. 482 Crimial P.C. challenges the order dated 8.9.2006 of the learned Addl. District & Sessions Judge (Fast Track), Bandikui Head Quarter Hausa in Sessions Case No. 54/2005 vide which application filed by the learned Public Prosecutor under Sec. 311 Crimial P.C. on 28.8.2006 for summoning of witnesses, namely Dr. Dinesh Chandra and Dr. Ramesh Chand Sain has been allowed at the stage of final arguments.

(2.) Learned counsel for the petitioners has contended that the order of the learned trial court at the stage of final arguments of the case has been passed to fill-up the lacunae of the prosecution case and, therefore, it tantamounts to abuse of the process of the court. It is also contended that in cross-case, the application filed on behalf of accused-petitioners for summoning the Patwari as a court witness has been declined on the ground of delay and thus, the orders of the learned courts below in two cases are discriminatory.

(3.) Learned PP has supported the order of the trial court. He has also submitted that in the cross case cogent reasons have been given for refusing to grant the application under Sec. 311 Crimial P.C. and it cannot be said that the order is arbitrary or discriminatory.