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2016 Supreme(Raj) 1406

GOVERDHAN BARDHAR
Ram Chandra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ravindra Acharya and Mrs. Savita Acharya.
For the Respondent: Mr. O.P. Rathi.

JUDGMENT :

Goverdhan Bardhar, J.

1. Instant revision petition has been filed by the petitioners against the order dated 28.6.2016 passed by learned Addl. Session Judge, Merta, District Nagaur in Sessions Case No. 73/2015 whereby, he allowed the application filed by the prosecution under Section 311 Cr.P.C. to summon the witnesses.

2. In the application filed by the prosecution under Section 311 Cr.P.C. it was stated that the case is fixed for final arguments but the witnesses PW-2 Jai Ram and PW-7 Chhitar Singh are important witnesses in the case and they have to be re-examined and may be summoned.

3. In reply to the application filed by the prosecution the petitioners stated that the case is not fixed for final arguments but final arguments were heard on 18.5.2016 and the case is now fixed for pronouncement of judgment, therefore, at this stage, the application filed by the prosecution under Section 311 Cr.P.C. is not liable to be entertained.

4. The learned Trial Court allowed the said application vide impugned order dated 28.6.2016, hence, this revision petition.

5. Learned Counsel for the petitioners argued that when the case was fixed for pronouncement of judgment, the application u








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