B.J.SHETHNA
Surendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
B.J. Shethna, J.-Following important questions of law are arising in this petition:
(1) Whether order passed by the Trial Court rejecting an application under Section 311 Cr.P.C. filed by the accused persons, to recall the witnesses for the purpose of further examination is an interlocutory order or not?
(2) Whether, this Court can exercise its inherent powers under Section 482 Cr.P.C. against such interlocutory order when the Sessions Court has rejected the revision filed by the accused solely on the ground that no revision would be maintainable under Section 397(2) Cr. P.C.?
(3) Whether this Court can entertain the petition against such interlocutory orders passed by the trial court under Section 482 Cr. P.C.?
2. Thepresent accused petitioners along with one more accused are facing trial for offences punishable under Section 420, 467, 468, 471 read with 120-B I.P.C. of committing forgery and cheating the Government for lakhs of rupees way back in 1981 before the Court of Additional Chief Judicial Magistrate, CBI cases, Jodhpur. The case is pending against them since 1982 before the Court at Jaipur which was later on transferred to Jodhpur.
3. It is unfortunate that nearl
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.