9911796707
TMI Blog2015 (1) TMI 1496X X X X Extracts X X X X X X X X Extracts X X X X ..... Case No. 1728/2007 be quashed." Facts of the case, in brief, are that petitioners are facing trial in connection with Crime No. 272/2007 for the offence punishable under Sections 323, 294, 325 and 308/34 of IPC. During the course of trial, after examination of witness Dr. Anoop Verma on 8.10.2013 and other witnesses, the case of the prosecution was closed. The matter was fixed for defence evidence and, then the case was fixed for final arguments on 4.6.2014. On 4.6.2014, final arguments were heard and the case was fixed for delivery of the judgment on 18.6.2014. Thereafter, case was again reopened because of alteration in-charges and fixed' for final arguments on 9.7.2014. Then, the final arguments were heard and the case was posted f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u Singh v. State of Rajasthan 1998 Cri. L.J. 950. 4. Prayer made by the, petitioners learned counsel has been opposed on the ground that revisional Court has rightly, passed the order in accordance with law. Impugned order of the trial court was interlocutory in-nature and therefore it was rightly held by the revisional court that, the revision was not maintainable. Learned Panel Lawyer further submitted that it was not the case where the lacuna had to be filled up. In fact doctor has already been examined but for one or another reason, or by typing mistake fact of fracture was deposed contrary to the X-ray plate, therefore, in' order to observe clarity and above at a right conclusion the order was rightly passed by trial court by allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... language which is understood by the accused or his pleader." Accordingly, it is held that the order passed by the trial court was contrary to law and illegal. 7. It is, made clear that whenever such kind of illegal orders are passed and brought to the notice of the superior court then in the interest of justice such kind of orders, may be interlocutory in nature, can be set aside by revisional court. 8. By invoking inherent, powers under Section 482 of Cr.P.C. such type of mistake committed by passing the illegal order can be corrected by this Court. 9. Accordingly, petition stands allowed. Impugned order passed by the courts below are hereby set aside. It is further made clear that if the aforesaid witness has been re-examined, in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
