Criminal revision against order summoning a Magistrate under Section 311 Cr.P.C. to give evidence on disposal of seized narcotics. Revision dismissed finding no illegality in the order.
Criminal revision petition and stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision No. 1121/2018
Ram Lal S/o Sahab Ram, Aged About 43 Years, Fatehgarh, Khileribas, P.S. Hanumangarh Town, District Hanumangarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. M.S. Soni |
|---|---|
| For Respondent(s) | : Mr. L.R. Upadhyay, P.P. |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
08/10/2018
This criminal revision petition has been filed by the petitioner being aggrieved with the order dated 20.9.2018 and 25.9.2018 passed by the Special Judge, N.D.P.S. Cases, Hanumangarh (for short ‘the court below’) in Sessions Case No.4/2018 whereby the court below has allowed the application filed on behalf of the prosecution under Section 311 Cr.P.C. and has summoned the concerned Magistrate for the purpose of giving her evidence.
In the above referred sessions case, the accused is being tried for the offences punishable under the N.D.P.S. Act. After completion of prosecution evidence, an application was moved on 20.9.2018 under Section 311 Cr.P.C. with the prayer to summon one Om Prakash for the purpose of giving his evidence regarding the disposal of the seized narcotic contraband under Section 52A(2) of the N.D.P.S. Act. The Court below has ordered
(2 of 2)
[CRLR-1121/2018]
for summoning Om Prakash on 25.9.2018 vide order dated 20.9.2018. Thereafter the prosecution again moved an application with the averments that earlier the name of witness Om Prakash has wrongly been mentioned and as a matter of fact at the relevant time, the Additional Civil Judge and Judicial Magistrate Ms. Radhika Charan was posted there, therefore, she may be summoned for giving her evidence. The court below has allowed the said application and ordered that in place of Om Prakash, Ms. Radhika Charan be summoned for giving evidence.
Having heard learned counsel for the petitioner and having gone through the impugned order, I do not find any illegality in the impugned order.
Hence, this criminal revision petition is dismissed. The stay petition is also dismissed.
(VIJAY BISHNOI),J
Babulal/24
1 issue framed by the court
Whether the Special Judge committed any illegality in summoning a Magistrate under Section 311 Cr.P.C. for giving evidence regarding disposal of seized narcotic contraband.
2 provisions across 2 enactments
Ram Lal
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
