Honble JOSHI, J.–This criminal miscellaneous petition under Sec. 482 Cr.P.C. has been filed against the order of the learned Additional Sessions Judge (Fast Track). Sirohi in Sessions Case No. 63/2001 dated 12.10.2001, whereby the application of the petitioner complainant under Sec. 311 Cr.P.C. was rejected.

(2). The facts of the case in brief are that a First Information Report No. 26 dated 13.3.98 was lodged at P.S. Anadara, District Sirohi alleging that the accused-non peti- tioner No.2 Chhaganlal inflicted injury by Spade on the head of the petitioner. Thereafter, the case was registered, investigated and committed to the Court of the learned Sessions Judge, Sirohi u/Secs. 307, 325, 324 & 323 IPC. The case was then transferred to the learned Additional Sessions Judge and charge was framed against the accused under Sec. 307 IPC. The accused pleaded not guilty to the charges and claimed trial. The evidence from the prosecution side was summoned and it was closed on 19.09.2001 and the case was fixed on 29.09.2001. On that day, the statement of the accused was recorded and he expressed not to lead evidence in defence and therefore, the case was fixed for final arguments on 3.10.2001

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