(1.) IMPUGNING the judgment dated January 11, 2008 rendered by learned Additional. Sessions Judge (Fast Track) No. 2 Jaipur City, the State of Rajasthan submitted petition seeking leave to appeal under Section 378 (1) and (3) of the Code of Criminal Procedure (for short 'Cr.P.C.')
(2.) ON July 1, 2008 this Court granted leave and issued no bailable warrants against the accused respondents. The order reads as under: It is contended that all the accused respondents were in jail. We have been taken through the impugned judgment and our attention has been drawn towards various illegalities committed by learned trial court. It is further contended that the admission of accused respondents Rohtash ad Dharmendra respectively incorporated in Ex.P -74 and Ex.P -75 have been ignored by learned trial court. Recovery of revolver affected under Section 27 of Evidence Act has also not been properly considered. Leave granted. Accused respondents Sunil Suji, Naseeb Singh, Rohitash @ Chhotu @ Doctor and Dharmendra @ Shastri be summoned through non bailable warrants.
(3.) NOW two applications have been filed by accused respondents Sunil Suji and Naseeb Singh under Section 378(1) and (3) and 482 Cr.P.C. for recalling the order dated July 1, 2008.