Banwari Lal Sharma, J. - (1.) Heard.
(2.) Learned Counsel for the petitioner submits that matter relates to yea 2001 as incident took place in the year 2001 and judgment of acquittal was passed on 12.11.2010 thereafter, appeal was decided by the learned Addition) Sessions Judge No. 2, Bikaner on 18.11.2014 while allowing the appeal, learne Appellate Court set aside the judgment of acquittal passed by the learned Chief Judicial Magistrate, Bikaner and directed the learned Trial Court to call for tin F.S.L. Report and decide the matter afresh within six months. He further submit that during trial learned Trial Court granted about 16 opportunities to prosecution for procuring F.S.L. Report still prosecution failed to procure tin F.S.L. Report, thereafter, the matter was decided on merits. After lapse of 13 years remitting the matter back for want of F.S.L. Report is not proper, therefore; this Revision Petition may be allowed and Appellate Court may be directed ti decide the appeal on merits instead of remanding it.
(3.) Leanred Public Prosecutor supported the impugned judgment and submits that Trial Court may call for the F.S.L report and can decide the matter afresh.;