RAMAVATAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner. Learned Public Prosecutor accepts notice. Since the case has been heard and its being finally decided by this Court at the admission stage itself, formal notice to the accused is waived.

(2.) THIS revision petition has been preferred against the impugned order, dated 8.1.1997 passed by Addl. Chief Judicial Magistrate, Fatehpur Shekhawati in criminal case No. 441/87 titled State. v. Durga Ram and Anr. whereby the learned trial court had acquitted the accused of offence punishable under Sections 147, 148, 149, 323, 325, 427 and 448/149 IPC.

(3.) DURING the course of hearing it has been stated by the learned Counsel for the petitioner that it was not possible for the complainant to have examined the aforesaid witnesses since they were out stationed witnesses and, therefore, reasonable opportunity was required in the interest of justice to make them available before the Court but the trial court arbitrarily rejected the said applications and instead proceeded to examine the accused persons by recording their statements under Section 313 Cr. P.C.