The High Court of Rajasthan dismissed a criminal miscellaneous petition filed challenging a lower court's order deferring a Section 319 Cr.P.C. application. The Court found no illegality in the lower court's discretion to record more witness statements.
No interference with the lower court order deferring the Section 319 application was granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1635/2018
Dhudaram S/o Shri Begaram , B/c Jat, R/o Village Ankhisar, Tehisl Nokha, District Bikaner Raj.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. K.K. Rawal, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
16/07/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 13.4.2018 passed by the Additional District and Sessions Judge No.4, Bikaner in Sessions Case No.51/2013 whereby the court below has deferred final decision on the application filed by the petitioner under Section 319 Cr.P.C. while observing that it is proper to get the statements of some more prosecution witnesses recorded before taking any final decision on the said application.
Having heard learned counsel and after going through the impugned order, I do not find any illegality in the discretion exercised by the court below, hence, no interference is called for.
The criminal misc. petition is, therefore, dismissed.
(VIJAY BISHNOI),J
Babulal/33
1 issue framed by the court
Whether the High Court should interfere with the Additional District and Sessions Judge's decision to defer a Section 319 Cr.P.C. application to record further witness statements.
1 provisions across 1 enactments
Dhudaram S/o Shri Begaram
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
