RAM JAS Vs. STATE AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the parties state that the search warrant issued by the Chief Judicial Magistrate, has already been exhibited and marked as Ex. P/7. It has been tendered into evidence of Gajraj Singh. Besides that, the learned counsel for the accused-persons, submitted that they admit the search warrant and search warrant need not at all be proved. In view of the above position this petition does not require any further consideration. The petition is disposed of accordingly. Copy of this order be sent to the trial Court.

(3.) Learned counsel for the petitioner submitted that three witness viz. Kamal Kishore, Banshi Lal and Narain were left by the prosecution and their statements are material. The order under challenge is dated 26.8.86 in which, there is no reference of these witnesses, for summoning those witnesses, there hardly could be any scope to make any prayer in respect of those witnesses in the application under Sec. 482, Cr. P.C. It is very strange on the part of the petitioner to have made any prayer to this Court. This aspect of the case, cannot be gone into by this Court and it can be taken that the only order which is under challenge in this petition is dated 26.8.86 relating to recalling the witness Gajraj Singh and production of the witness Chief Judicial Magistrate. The prayer in respect of three witnesses, therefore, is not entertainable. Petition disposed of.