Rajasthan High Court - Jodhpur
State Of Raj vs Ishtiyak Ahmed & Ors on 9 October, 2009
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO.7855/2008
State of Rajasthan Vs. Ishtiyak Ahmed & Ors.
Date of order : 9th October, 2009
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. G.R. Kalla, Government Counsel.
None present for the respondent.
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Heard learned counsel.
By the impugned order dated 27.5.2006, the learned trial court has closed the evidence of the defendant State on the ground that list of witnesses was not produced by the defendant.
Considering the submissions made at the Bar and in view of the reasons given in the impugned order, this Court is of the opinion that in the interest of justice since the State has filed written statement and issues were framed, the evidence of the State ought not have been closed only on the said ground. Therefore, in the interest of justice, the impugned order dated 27.5.2006 is set aside and the State is directed to produce the evidence expeditiously and not seek any adjournment from the learned trial court on any ground.
The writ petition is accordingly allowed. No order as to costs.
[ DR. VINEET KOTHARI ], J.
item No.53 babulal/