JUDGMENT 1. - Heard the learned counsel for the petitioner and the non-petitioner Nos. 2 to 8 as well as the learned Public Prosecutor. 2. The prosecution in order to prove the alleged insanity of Ghasi Ram and Asharam wanted to examine the expert under whose treatment Ghasi Ram and Asharam had remained for sometime. The prayer for summoning Dr. Shiv Gautam of S.M.S. Hospital, Jaipur was allowed by the learned trial Court and summons were given for service. On 14.1.1997 Dr. Shiv Gautam did not appear in the trial Court. On that day the statement of (sic) PW 6 was recorded. The learned trial Court declined to give further opportunity for the examination of Dr. Shiv Gautam and fixed the case for examination of the accused under section 313 Cr.P.C. On 13.1.1997 the accused, were re-examined under section 313 Cr.P.C. On that day, an application was submitted before the trial Court on behalf of the daughter of the complainant. For arguments on that application, 14.1.1997 was fixed. On 14.1.1997 the learned trial Court declined to give any opportunity for examination of any prosecution witness. The order-sheet dated 17.1.1997 shows that requisition was received by the learned trial Court from the Court of District and Sessions Judge, Merta City and it was directed that the file be sent to that Court. 3. I have taken into consideration all the relevant facts and circumstances of the case. It is not disputed that the learned trial Court issued summons for enforcing of attendance of Dr. Shiv Gautam, whom the prosecution proposed to examine as a witness for proving the alleged insanity of Ghasi Ram and Asharam. It is not disputed that Dr. Shiv Gautam did not appear in spite of the service of the summons on the Superintendent of S.M.S. Hospital, Jaipur. In these circumstances, it was the duty of the learned trial Court to have enforced the attendance of Dr. Shiv Gautam in accordance with law. 4. For the reasons mentioned above, the petition deserves to be allowed and is hereby allowed. Order dated 7.1.1997 is hereby quashed and set aside. The learned Civil Judge (Junior Division) & Judicial Magistrate 1st Class, Nawa Sahar is hereby directed to take appropriate steps according to law for enforcing the attendance of Dr. Shiv Gautam so that he may be examined as a prosecution witness. Order dated 7.1.1997 is hereby quashed and set aside. The learned Civil Judge (Junior Division) & Judicial Magistrate 1st Class, Nawa Sahar is hereby directed to take appropriate steps according to law for enforcing the attendance of Dr. Shiv Gautam so that he may be examined as a prosecution witness. The non-petitioner-State is expected to execute the process issued by the learned trial Court in time so that the delay in enforcing the attendance of Dr. Shiv Gautam may not occur and the case be disposed of expeditiously. 5. The petition is disposed of accordingly.Petition allowed. *******