S. S. BYAS, J. - (1.) BY this petition under Section 482, Cr. P. C. the inherent power of this Court is invoked to set-aside an order of the learned Munsif and Judicial Magistrate, Nagaur dated 29. 8. 81, by which the prosecution evidence was closed.
(2.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor as well as Shri Mridul Jain appearing for the accused persons. The accused persons are facing trial for offences under sections 447, 379, I. P. C. since 1975. Innumerable opportunities were granted to the prosecution to lead evidence. Despite that witnesses Gordhan and Ram Kishan could not be examined. The learned Magistrate, by his impugned order, closed the prosecution evidence. The complainant Shri Bhanwar Lal went in revision tut his revision was dismissed on the ground that he had no locus standi to file the revision petition. The revision at the instance of the complainant was certainly not maintainable in view of the pronouncements made by this Court in A. I. R. 1970 Rajasthan 220. As regards the merits of the case, the prosecution failed to examine the aforesaid two witnesses even though the case was pending since 1975. In these circumstances it cannot be said that the order of the learned Magistrate was perverse or illegal so as to require correction at this end. The petition is consequently dismissed. .;