KISHORE MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant is being prosecuted for the offence Under section 354 Penal Code in the court of ACJM No. 3, Jaipur City, Jaipur. The offence was committed on 13.10.1991 and the police report Under section 173(2) Crimial P.C. was submitted against the applicant on 26.10.1991. It is reported that substance of accusation was read over and explained to the applicant on 23.2.1992 and since than the prosecution is being given opportunity to produce their witnesses. Only one witness to the site map is reported to have been examined so far.

(2.) On query from the Bench it was told that after the attention of the learned trial Magistrate was invited to the decision of the Supreme Court in the case of Raj Deo Sharma Vs. State of Bihar (1998) 7 SCC 507 , the learned trial Magistrate had given one or two opportunity to the prosecution to produce all their witnesses. But the prosecution has not produced them so far.

(3.) Looking to the nature of the offence alleged to have been committed by the applicant, the learned Magistrate appears to have exercised his discretion in a judicial manner. Any way, he shall see that if the prosecution fails to produce all their witnesses on the date fixed by him he shall comply with the law laid down by the Apex Court in the case of Raj Deo Sharma (supra).