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1994 Supreme(Raj) 4

N.L.TIBREWAL
GOPAL RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
ABHITABH BHATNAGAR, AJAY KUMAR BAJPAI, DEEPAK GOEL

Judgment


N. L. TIBREWAL, J.

( 1 ) A short question of dispensing with personal attendance of the petitioners, in a criminal case, needs consideration in the present petition. This question has assumed importance these days, as trial in criminal cases takes long time and, even in petty matters, the accused are forced to attend the Court for years together. The matter, therefore, requires serious consideration to provide guidance to the Subordinate Courts.

( 2 ) THE circumstances leading up to filing of the present petition under Sec. 482, Cr. P. C. , may be narrated. For an incident, which took place on February 23, 1989 two cross reports were lodged at Police Station, Chomu. On the report made on behalf of the petitioners, Crime No. 59189 was registered under Sections 147, 148, 149, 307, 323 and 324, IPC and, after completion of investigation, a charge-sheet was filed on June 20, 1989 against the members of the complainant-party. Crime No. 60/89 was registered under Sections 148, 149, 323 and 379, IPC on the report made by the complainant Ram Narayan, in which the police submitted a negative report, which is popularly known as Final Report The concerned Magistrate however did not









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