BHIKE RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) None is present for the petitioner even in the third round. Learned Public Prosecutor for the non-petitioner State is present. I have heard him.

(2.) This petition under Section 482, Criminal Procedure Code, 1973 is directed against the order dated 5-10-1993 passed by the learned Additional Sessions Judge. Phalodi in Sessions Case No. 18/93, State v. Idan Ram & Others, whereby he rejected the application dated 21-9-1993 submitted by the accused-petitioners under Section 91 of the Criminal Procedure Code.

(3.) A perusal of the copy of the application dated 21-9-1993 shows that on behalf of the accused petitioners an application was moved before the Additional Sessions Judge, Phalodi praying that the statement of 32 witnesses who were examined by the Investigating Officers during the investigation be directed to be produced in the Court as the same have not been submitted with the report filed under Section 173 of the Code of Criminal Procedure.