High CourtsSingle Bench(2004) 04 RAJ CK 0070

Nazir Mohammad vs State of Rajasthan and Others

Rajasthan High Court · Decided on 16 April 2004 · Citation: (2004) CriLJ 3647

HON’BLE JUDGES
N.N. Mathur, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision Petition No. 301 of 2002

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Judgment

5 paragraphs · 203 words

N.N. Mathur, J.—By way of instant revision petition u/s 397/401 Cr. P. C. Petitioner has challenged the order dated 6-2-2002 passed by the Special Judge SC/ST (Prevention of Atrocities Cases), Bikaner whereby he has set aside the order dated 30th March, 1999 passed by Additional Chief Judicial Magistrate, No. 1, Bikaner acquitting the accused-petitioner for offences under Sections 420, 467 and 468 I. P. C. on the ground that for complete seven years the prosecution has failed to produce the witnesses to prove its case and send the matter back, with direction to proceed with in accordance with law.

2.

I have heard learned counsel for the parties and perused the impugned order.

3.

It appears that the petitioner himself was not appearing before the trial Court. In fact the proceedings continued upto the year 1997 because of the fault of the accused petitioner and not of the prosecution Witnesses could not be produced as summons were not served on them.

4.

The revisional Court rightly held that it was hardly a ground for closing the evidence and acquitting the petitioner. No interference is called with just and reasonable order.

5.

The revision petition stands dismissed. Record of the case be returned forthwith.