SATYAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Learned counsel for the parties.

(2.) In a case, under Essential Commodities Act, 1955, Satyaveer Singh and Sobhag Chand Mathur, petitioners in S.B.Cr. Misc. Petition No. 506/96 and 474/96 respectively, appeared and were examined as prosecution witness. Both are the officers of the Supply Department. Both were declared hostile by the prosecution. The complaint in the case had been filed by their superior officer. While disposing of the main case, the learned Special Judge (Economic Offices), Jaipur held that they had knowingly and wilful), gave false evidence with intention that such evidence should be used in the case. The learned trial Judge recorded his satisfaction that it was necessary and expedient in the interest of justice that the petitioners be tried summarily for giving false evidence in the case. He accordingly took cognizance of the offence and directed that issue show cause notices be issued to them. The petitioner have challenged such directions of the learned trial judge through the present petitions.

(3.) It was pointed out that as per provision contained under Sec. 344(4) Crimial P.C., the trial under Sec. 344 Crimial P.C. should remain stayed till the disposal of S.B.Cr. Appeal No. 317/96, (Choutnmal and Gopal Lal Vs. State) , pending before this Court. Since the learned trial judge has yet not proceeded with the trial of the petitioners there would not arise any occasion for stay of the proceedings of the trial court. The argument is pre- mature.