SOHAN LAL BISHNOI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under Section 482 of Cr.P.C. has been preferred, laying challenge to the order dated 13.8.2019, passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter referred to as "the Trial Court"), whereby it has refused to accede to the joint request of the petitioners so also of the CBI to close the evidence of Ms. Amber B. Carr, FBI expert, USA, subject to the outcome of the SLP filed on 22.5.2019, which the Central Bureau of Investigation has filed against the judgment dated 22.5.2018, passed by this Court in Criminal Misc. Petition No. 2240/2019.

(2.) Succinctly stated, facts pertinent to the present case are that a case has been registered against the petitioners for offences under Sections 364, 302/120 B I.P.C., which is pending before the Trial Court since 2011. Petitioners are behind bars since then.

(3.) CBI had given list of 298 witnesses in three stages, out of which 196 have been examined. Prosecution has dropped its right to produce the remaining witnesses in witness box, except one namely­Ms. Amber B. Carr, FBI Expert. Case has been stuck at the stage of prosecution witness, as prosecution is not able to secure presence of Ms. Amber B. Carr, who is the last witness to be examined.