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1996 Supreme(Raj) 506

S.C.MITAL
KRISHAN LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
D.P.S.Choudhary, M.K.GARG

Judgment


S. C. MITTAL, J.

( 1 ) THE petitioners have moved this petition under section 482, Cr. P. C. for setting aside the order dated 26-5-1990 by which charge has been framed under section 54 of the Rajasthan Excise Act, 1950 in Criminal Case No. 359/89 and prayed to drop the entire proceedings. Charge sheet was present against the petitioners on 13-6-1989 in the court of Judicial Magistrate, Sriganganagar for trial under section 54 of Rajasthan Excise Act, 1950. Charge was framed on 26-5-1990 and the prosecution examined PW-1 Jail Singh, PW2 Butta Singh alid PW-3 Brijlal on 13-11-1992. Witnesses Nos. 1 to 4 were ordered to be produced by bailable warrants since then prosecution witnesses 1 to 4 have not been produced by the prosecution by effecting service of the bailable warrants. A perusal of the proceedings on various dates shows that number of times, process was issued to procure the attendance of prosecution witnesses Nos. 1 to 4 but their summons or bailable warrants were not returned after service. For two or three dates the process was not issued and for another dates the presiding officer was on leave. But mainly, the case was adjourned several times for not producing






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