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1984 DIGILAW 266 (RAJ)

Hari Narain v. Rodu Ram

1984-07-04

K.S.SIDHU

body1984
JUDGMENT 1. - I have heard Mr. Tibrewal and Mr. Pareek and perused the ruling Zinsi v. State of Rajasthan, 1968 RLW 244. I find that the ruling cited has no application to the facts of this case. The non-petitioner who made an application under section 133 Criminal Procedure Code and at whose instance the order was passed by the learned Magistrate, have a right to be heard on the question as to whether the evidence produced by the petitioners herein in support of their denial is reliable or not. That obviously include the right to cross-examine the witnesses of the petitioners in support of the denial as well as the right to produce other evidence to show that the evidence adduced by the petitioners is not reliable. 2. In this view of the matter, the learned Magistrate has rightly allowed the application of the non-petitioner to produce evidence in an attempt to show that the evidence produced by the petitioner is not reliable. 3. In conclusion this application under section 482 Cr. P.C. fails and is dismissed in limine. *******