A.C.GOYAL, J. - (1.) THIS petition under section 482 Cr.P.C. filed by the complainant petitioner is directed against the order dated 4.7.2001, whereby learned A.C.J.M. (Communal Riots), Jaipur, dismissed the application filed by the complainant under Section 311 Cr.P.C. on 1.6.2001.
(2.) THE accused respondent Nos. 2 to 4 are facing trial for various offences under I.P.C. The substance of the offence was read-over to them on 18.7.94 and thereafter case was fixed for prosecution evidence. A perusal of the order sheet dated 14.12.1998 goes to show that Dr. Yogesh Anand Medical Jurist listed as a prosecution witness at serial No. 8 of the list of the prosecution witnesses was summoned through bailable warrant and the case was fixed for evidence on 6.2.99. On that day the prosecution evidence was closed by making an observation that this is an old case and all efforts were made to summon the witnesses. Thereafter this application under Section 311 Cr.P.C. was moved with a prayer that Dr. Yogesh Anand should be summoned as his earlier summons were returned unserved by concerned S.H.O. and evidence of the medical jurist is essential. This application was dismissed vide impugned order on a simple observation that the said witness did not appear inspite of summons issued against him.
(3.) LEARNED counsel for the complainant petitioner contended that process was not issued against this witness in compliance of the order of the Court dated 14.12.98, hence there was no ground to close the prosecution evidence on 6.2.99. It was also argued that the evidence of this doctor was essential for just decision of the case and learned Magistrate did not consider the provisions of Section 311 Cr.P.C. Learned Public Prosecutor did not oppose this petition.;