Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench. Six persons faced trial for alleged commission of offences punishable under Section 396 of the Indian Penal Code, 1860 (in short the ‘IPC) and Sections 3 and 35 of the Arms Act, 1959 (in short the ‘Arms Act). The learned Sessions Judge, Alwar, acquitted the accused persons of all the charges. Being aggrieved by the finding of learned Sessions Judge the State filed an application seeking leave to appeal under Section 378 (3) of the Code of Criminal Procedure, 1973 (in short the ‘Code). On 26.5.2006 the High Court granted leave and summoned the respondents through bailable warrants. On 14.8.2006 the State filed an application in terms of Section 390 read with Section 482 of Code for revoking the earlier order and to commit the accused persons to prison after summoning them through non bailable warrants. A similar prayer was also made in the Revision Petition filed by widow of the deceased.

The prayers were accepted by the impugned orders.

The High Court noted that in the Test Identification Parade (in short the ‘TI Parade) he