SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(Raj) 752

V.S.DAVE
Ramavatar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. R.K. Mathur, Advocate.
For the Respondent: Mr. G.C. Chatterji, P.P.

JUDGMENT

1. - I have gone through the order passed by the learned Additional Chief Judicial Magistrate, No. 1, Alwar,by which he has directed the witnesses to be summoned by his order dated 25-7-1986 in a case which is pending since year 1978. The order does not disclose as to the witnesses were to be examined, for what particular purpose and why it was in the interest of justice to resummon at such a belated stage, when the prosecution evidence was over 5 years before. Change of the Judicial Officer does not mean change of opinion and if the opinion has to be revised, then specific reasons must be disclosed for such change. It is borne out from the order of the learned Magistrate himself that although three witnesses were present in court four years prior to date of passing of this order, yet they had been given up by prosecutor. A properly drafted application should have been filed explaining why the witnesses were first dropped and opinion is being changed. This court has time and again laid down the principles within which the application under Section 311 Cr.PC should be dealt with and it is expected of the learned Additional Chief Judicial Magistrate to go through them and de




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top