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1983 DIGILAW 52 (RAJ)

State of Rajasthan v. Subrati Khan

1983-02-02

S.C.AGRAWAL

body1983
JUDGMENT 1. -This revision petition has been filed by the State against the order dated 23rd April, 1982 passed by the Special Judge, Court of Anti-Corruption Cases, Jodhpur in case No. 27/79. In the aforesaid case the respondent Subrati Khan is being prosecuted for offence u/s 161 I.P.C. and section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act. By the order dated 23rd April, 1982, the Special Judge has closed the evidence of the prosecution for the reason that the prosecution had failed to produce Shri Sawai Singh in spite of the case having been adjourned for number of occasions for recording the evidence of the aforesaid witness. 2. I have heard Dr. S. S. Bhandawat, the learned Public Prosecutor and Shri M. M. Singhvi, the learned counsel for the respondent. 3. The learned Public Prosecutor has submitted that Shri Sawai Singh is the Investigating Officer in the case and his evidence is of great importance for establishing the prosecution case. The learned Public Prosecutor has submitted that one opportunity may be aforesaid to the prosecution to produce Shri Sawai Singh as a witness on its behalf and that the prosecution will on its own secure the presence of the said witness in court. 4. Taking into consideration the facts and circumstances of the case, I am of the opinion that it would subserve the ends of justice if one opportunity is given to the prosecution to produce Shri Sawai Singh on their behalf provided the prosecution undertaking to produce the said witness in the court. It is, therefore, directed that the evidence of Sawai Singh, the witness for the prosecution may be recorded if the prosecution produces of its own the said witness on the next date of hearing. The Public Prosecutor prays that the case may be fixed up before the Special Judge on 10th March, 1983 on which the date they will produce Sawai Singh as a witness before the Court. The case may be taken up by the Special Judge on the 10th March, 1982 and if Sawai Singh is present in the Court, his evidence may be recorded If the prosecution is not able to secure the presence of Sawai Singh on 10th March, 1983, no further opportunity would be given to the prosecution for examining the said witness. 5. The revision petition is allowed as indicated above. 5. The revision petition is allowed as indicated above. The record may be returned forthwith.Revision allowed. *******