1993 Supreme(Raj) 668
Y.R.MEENA
Kailash Chand – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Shri S.K. Jain, Advocate.
For the Respondent: Shri K.A. Khan, Public Prosecutor.
JUDGMENT
1. - This Misc. petition under Section 482 Cr.P.C. is directed against the order of Chief Judicial Magistrate Bundi dated 29.3.93, whereby after completion of full trial he has ordered for summary trial.
2. The petitioner is running a firm M/s. Madholal Ghanshyam Lal at Bundi. On 26.10.83 at 4.30 p.m. Food Inspector Shri Munna Lal Verma took sample of Solvent extracted refined ground nut oil from a tin. The complaint was filed after sanction from the competent Authority in the Court of Chief Judicial Magistrate, Bundi on 3.5.84. The petitioner summoned through bailable warrants. The charges were framed and during trial the statements of the prosecution witnesses were recorded. On 29.3.93, the Chief Judicial Magistrate has passed the impugned order stating therein that this is a case of summary trial, therefore, trial be started de-novo and all the witnesses should be re-summoned.
3. Being dis-satisfied with the order of the trial court the petitioner has filed this Misc. Petition and prayed that the incident took place, as back as, in the year 1983 and now we are in the year 1993. Ten years have already passed, if this type of orders are allowed there will be no end of trial
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