A.C. Goyal, J. - (1.) Vide this petition under Section 482 Cr.RC. the order dated 28.8.02, passed by learned Additional Sessions Judge, Dausa, has been challenged, whereby the learned Judge closed prosecution evidence in Sessions Case No. 12/95, State of Rajasthan v. Ram Nath and others.
(2.) I have heard learned counsel for the parties and learned Public Prosecutor. It is not disputed that two doctors Dr. R.L. Bansal and Dr. Ashok Kumar were summoned by the Court on an application filed under Section 311 Cr.RC. As per order sheet dated 12.8.2002, the learned Special Public Prosecutor submitted the addresses of these two doctors. Thereupon the learned Judge ordered to issue bailable warrants for the next date i.e. 28.8.02 and on that day it was observed by learned Judge that Public Prosecutor failed to produce these witnesses inspite of sufficient opportunity and thus closed the prosecution evidence.
(3.) I have gone through the reports of Process-Server of the concerned Police Station on both the bailable warrants. According to this report, both the doctors declined to execute the bail bonds and with this report these bailable warrants were returned to the Court. It is painful to observe that the learned Judge instead of issuing fresh bailable warrants or warrants of arrest and taking any action against the concerned Process Server closed evidence in a casual manner. Learned counsel for the accused respondents Nos. 2 to 7 and learned Public Prosecutor could not support the impugned order.;