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MOHAN LAL v C B I - CRLMP Case No. 890 of 2006  RD-RJ 1646 (3 August 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.
S.B. CRIMINAL MISC.PETITION NO.890/2006.
Date of Order : 3/8/2006.
HON'BLE MR.JUSTICE HARBANS LAL
Mr. R.K. Jain for the petitioner.
Mr. S.P. Tyagi, Standing Counsel for CBI.
BY THE COURT:-
The instant petition u/S.482 Cr.P.C. is directed against the order dated 28/4/2006 passed by the learned Special Judge, C.B.I. Cases, Jaipur in Criminal Case No.11/1998 whereby the application of the petitioner u/S.311 Cr.P.C. for summoning the witness Harun as a prosecution witness has been dismissed.
I have heard both sides and after a perusal of the impugned-order and taking into consideration the fact that this witness namely;
Harun was cited as a prosecution witness No.1 and it is also not disputed that his evidence is essential for the just decision of the case, the order impugned dated 28/4/2006 cannot be sustained and deserves to be set-aside.
Consequently, this petition u/S.482
Cr.P.C. is allowed and the impugned-order dated 28/4/2006 passed by the learned Special Judge,
C.B.I. Cases, Jaipur in Criminal Case No.11/1998 is quashed and set-aside and it is directed that accused-petitioner may be permitted to examine 890/2006.
Harun as a defence witness on 21/8/2006. In case, petitioner fails or avoids to produce him on that date, no furhter opportunity shall be afforded and the matter shall be disposed of in accordance with law.
(HARBANS LAL), J. anil
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