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2005 Supreme(Raj) 573

K.C.SHARMA
Kumari Rajni – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. S.L. Yadav, for the Petitioner. Mr. Arun Sharma, Public Prosecutor.

Judgment

K.C. Sharma, J.-Heard Counsel for the parties.

2. The complainant petitioner has filed the present petition against the order dated 25.2000 passed by the Additional Chief Judicial Magistrate No. 13, Jaipur City, Jaipur, thereby dismissing her application filed under Section 311 CrPC for summoning witness Gom Singh.

3. It appears that earlier an application was moved for closing the prosecution evidence on the ground that it was continuing since long. The trial Court taking into account the fact that case was continuing for considerable time for recording prosecution evidence, ordered closure of prosecution evidence. Against this order, complainant petitioner Kumari Rajni filed a Misc. Petition before this Court, which was dismissed. Thereafter, the complainant filed an application under Section 311 CrPC for summoning witness Gom Singh. The trial Court vide its impugned order has dismissed the complainants application on the ground that prosecution evidence has already been closed and the order closing prosecution evidence has been affirmed by the High Court.

4. From the order impugned in this petition it appears that the trial Court has not adhered to the provisions of Sec


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