CHATRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ADMIT .

(2.) ISSUE notice to the non -petitioner. The learned Public Prosecutor is directed to accept the notice. He accepted the notice and the copy of the petition is supplied to him.

(3.) IT is submitted by the counsel for the petitioner that this case is squarely covered by the decision given by this court in the case of Bhika Ram v. State of Rajasthan reported in RLW 1998 (1) 448. In the case of Bhika Ram v. State of Raj. (supra) the petition under Section 482, Cr.P.C. is filed against the order dated 5.10.1993 passed by the Additional Sessions judge, Phalodi whereby he rejected the application dated 21.9.1993 submitted by the accused petitioner under Section 91 of the Criminal Procedure Code. The accused petitioner in that case moved an application before the learned Additional Sessions Judge praying that the statements of 32 witnesses who were examined by the Investigating Officer during the investigation be directed to be produced in the court as the same have not been submitted with the report filed under Section 173 Cr.P.C.