DAWARKA DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Criminal P. C. (hereinafter shortly called the Code) read with Artcle 227 of the Constitution of India and Section 397 of the Code, by the petitioner challenging the order passed on 25th February, 1980 upon an application filed under Section 311 of the Code by the petitioner for recalling the prosecution witnesses who had been examined in the case on 14th January, 1980.

(2.) THE brief facts of the case are that the petitioner was prosecuted under Section 353, I. P. C. and Section 7 of the Essential Commodities Act, and he was charge-sheeted for the said offences on 14th May, 1979. The petitioner did not plead guilty to the charges framed against him and claimed to be tried. The Magistrate fixed the case for the evidence of the prosecution for 28th June, 1979. On 28th June, 1979, the whole of the prosecution evidence could not be examined because the counsel for the petitioner stated that he was not feeling well and had developed some trouble while coming from his house to the courts. One formal witness, Nar Singh S. H. O. was, however, examined on 28th June, 1979, and the remaining witnesses were bound down for 2nd August, 1979.

(3.) ON 2nd August, 1979, the prosecution witnesses were present but their statements were not recorded as the court of the Judicial Magistrate was being inspected on that date and as such the case was postponed to 6th September, 1979. On 6th September, 1979, Roop Ram, Sub-Inspector, Food and Supplies (a P. W.) was not present and had submitted an application for adjournment. The other P. Ws. were present but the counsel for the petitioner was not available as he was busy in connection with some death and, therefore, the court adjourned the case for prosecution evidence on 25th October, 1979. The petitioner paid the expenses of the two witnesses who were present on that date and whose statements could not be recorded due to the absence of the petitioner's counsel. On 25th October, 1979, the prosecution witnesses were present but the accused was absent and as such the court passed the order that the P. Ws. be bound down for 14th January 1980 and that bailable warrants of arrest be issued against the petitioner for that date. It was further ordered that the expenses of the witnesses shall be paid by the petitioner.