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1997 Supreme(Raj) 888

A.K.SINGH
BHIKE RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
D.S.RATHORE

Judgment


A. K. SINGH, J.

( 1 ) NONE is present for the petitioner even in the third round. Learned Public Prosecutor for the non-petitioner State is present. I have heard him.

( 2 ) THIS petition under Section 482, Criminal Procedure Code, 1973 is directed against the order dated 5-10-1993 passed by the learned Additional Sessions Judge. Phalodi in Sessions Case No. 18/93, State v. Idan Ram and Others, whereby he rejected the application dated 21-9-1993 submitted by the accused-petitioners under Section 91 of the Criminal Procedure Code.

( 3 ) A perusal of the copy of the application dated 21-9-1993 shows that on behalf of the accused petitioners an application was moved before the Additional Sessions Judge, Phalodi praying that the statement of 32 witnesses who were examined by the Investigating Officers 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 of the Code of Criminal Procedure.

( 4 ) A perusal of the order dated 510-1993 passed by the learned Additional Sessions Judge, Phalodi shows that on behalf of the prosecution it was submitted that statements of all those witnesses who wer








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