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1998 Supreme(Raj) 267

AMRESH KUMAR SINGH
Ismile – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ranjeet Joshi, for Petitioners R.S. Rathore, Public Prosecutor

Honble SINGH, J. – Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the record of the criminal case no. 199/81 State vs. Ismile and Others.

(2). By this petition, the petitioners have prayed that the trial of criminal case no. 199/81 State vs. Ismile pending in the court of Additional Chief Judicial Magistrate, Makarana be quashed, because of inordinate delay in completing the trial. A perusal of the record of lower court shows that challan was filed on 23rd July, 81 alleging the commission of offences punishable u/Ss. 147, 148, 149, 325 and 323 IPC. Charges were framed on 8.1.88. The delay in framing of the charge was partly on account of non- appearance of some of the accused and the filing of a revision petition by the accused in the court of Sessions. After framing the charge, efforts were made to summon the witnesses, but because of non-appearance of the witnesses, the case had adjourned from time to time. On 21st September, 93, the witnesses, who appeared before the court stated that they did not know the accused persons by name and that they could identify them in the court. The court, therefore, directed the accused-persons to remai










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