N.L.TIBREWAL
Bhagwan Singh – Appellant
Versus
State of Rajasthan (55) – Respondent
2. It is apparent from the record that all these 24 persons are facing trial for the last 12 years but unfortunately the trial could not be completed for one reason or other. After giving several opportunities, when the prosecution did not examine certain witnesses, the learned Magistrate closed evidence of the prosecution in the year 1987. Subsequently , on the application of the A.P.P. the prosecution evidence was re-opened. This order was challenged before this Court in S.B. Cr. Misc. Pet. No. 634/89. This Hon. Court was pleased to accept this petition and the order of the learned Magistrate, granting further opportunity to the prosecution to lead evidence was set aside.
3. The State did not challenge the said order but the complainant filed S.L.P. before the Supreme Court. The Honble Supreme Court dismissed the S.L.P. but made the following observations :-
"The S.L.P. is dismissed. We would however, make it clear that in case the learned Magistrate is of the view that f
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