OM PRAKASH Vs. STATE OF U P
LAWS(ALL)-1999-5-125
HIGH COURT OF ALLAHABAD
Decided on May 25,1999

OM PRAKASH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) B. K. Rathi, J. Heard Sri K. D. Tjwari, learned counsel for the revisionists and the learned A. G. A.
(2.) THIS revision under Sections 397/401 Cr. P. C. has been filed against the order dated 20-5-1999 passed by IInd Ad ditional Sessions Judge, Moradabad in S. T. No. 1301 of 1996, by which the adjourn ment application of the applicants, who are facing trial under Sections 364-A/302/201/120-B I. P. C. has been rejected. It appears that the statement of Raja Ram Pal, I. O. of the case was being recorded. The copy of order sheet of the trial Court has been produced, which shows that several dates were fixed and the applicants appeared before the Court regularly, but the I. O. , Raja Ram Pal did not come for the evidence. Ultimately he appeared before the Court for evidence on 20-5-1999. On the date of the application for adjournment was filed by the ap plicants, which was rejected. Against that order present revision has been preferred. It is contended that if opportunity is not given to the applicants, they will be prejudiced in their defence. That in the interest of justice demands that oppor tunity be given. I, therefore, dispose of the revision at the admission stage with the direction that learned Addl. Sessions Judge will procure attendance of Raja Ram Pal, I. O. on one date and the applicants will be provided one opportunity for further cross-examining the I. O. , Raja Ram Pal. However, no further adjournment shall be given to the applicants. Thereafter, learned Sessions Judge shall proceed with the case in accordance with law.
(3.) THE revision is disposed of finally. Let a certified copy of this order be given to the learned counsel for the parties on payment of usual charges today. Revision disposed of. .;


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