DINESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DINDSHWAR Lal has invoked inherent jurisdiction of this Court by way of an application under S. 482, Cr. P. C. for quashing an orders of the Additional Sessions Judge No. 2, Jodhpur, dated 30th April, 1977, by which his defence evidence in Sessions Case No. 8 of 1973, was closed.

(2.) THE applicant is being prosecuted for an offence punishable under sec. 409, I. P. C. in the court of the Additional Sessions Judge No. 2,jodhpur. THE applicant entered upon his defence in this case on 26-2-1977. He expressed his desire before the Court to adduce evidence in his defence. Hence, the case was fixed for recording defence evidence on 28th March, 1977 and it was further directed that if the applicant wanted the assistance of the Court in compelling the attendance of his witnesses, would file process-fees within three days. On 28th March, 1977, the Additional Sessions Judge directed the applicant to deposit a sura of Rs. 200/ , as travelling expenses and allowance payable to his witness Shri D. C. Gupta, Accounts Officer. Summonses were ordered to be issued to his other witness Narayan Singh also. THE case was fixed for recording evidence of the applicant on 20th April, 1977. Evidence could not be recorded on the said date, because the applicant's witnesses Shri D. C. Gupta and Shri Narayan Singh were not present in the court. THE summons issued to Shri D. C. Gupta was not returned served or unserved and the summons issued to Shri Narayan Singh was returned with an endorsement that no such person was available at the given address. THE applicant informed the court that the name of his witness was Narendra Singh and not Narayan Singh and that Narendra Singh should be summoned to give evidence in this case. THE Additional Sessions Judge issued fresh som-monses to the witness and gave them Dasti to the applicant for service. THE case was fixed on 27th April, 1977. On 27th April, 1977, one witness of the applicant was examined. Shri D. G. Gupta did not appear in the court for the simple reason that audit report was not with him. THE Additional Sessions Judge, therefore, called for the audit report from the University of Jodhpur and the case was fixed for hearing on 29th April, 1977. On 29th April, 1977, the Additional Public Prosecutor intimated to the court that a copy of the audit-report was filed along with the police challan and that it was a true copy of the report. THE Additional Sessions Judge adjourned the case to the next day for hearing the applicant regarding summoning of the audit-report On 30th April, 1977, the Additional Sessions Judge heard the applicant and closed his evidence on the ground that the true copy of the audit-report was filed by the police along with the police challan and,, therefore, it was not necessary to prove that report. Aggrieved by this order, the applicant has filed this application under S. 482, Cr. P. C. as stated above.