MOHAN SINGH CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice for final disposal. Mr. J.P.S.Choudhary, public prosecutor for the State is directed to accept the notice on behalf of respondent State. He accepts the same.

(2.) By the instant criminal revision petition under Section 397/401 Cr.P.C., the petitioner has challenged the order dated 01.4.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No. 116/2005, whereby the trial court declined to decide the application filed by the petitioner under Section 319 Cr.P.C., and kept the application pending till statements of prosecution witnesses Mahendra Singh, Smt. Chanda, Miss Pushpa, Smt. Damyanti, Smt. Sharmila, Smt. Kamla and doctors who conducted the post-mortem namely Dr. H.S.Bairwa, Dr. Yogiraj and Dr. Chetna Sharma are recorded. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned.

(3.) From the perusal of the order impugned, it appears that the trial court declined to decide the application till the statements of the witnesses noticed above are recorded by it. If the application filed by the complainant is contested and decided after recording the statements of prosecution witnesses noticed above, by the time, the trial will be almost nearest to the conclusion, therefore, whether at that stage, it would be proper to implead the accused sought to be impleaded by the complainant or not.