MEHER DIN versus SULEMAN
Sections 173, 242, 244 and 56L A revocation rule (XLV of 1860), section 337D (II) / 427/452/148/149 dismissing the evidence of the prosecution dismissed the application to set aside the charge and prosecute the case. Witnesses' testimony adjourned for hearing. After submitting the report under section 737373, the CCP prosecution's statements of three witnesses were recorded, and on several occasions the case was adjourned due to the absence of a presiding officer or the re-training of public witnesses. Finally, the prosecution's evidence was discontinued. The trial court, without prejudice to the order, had earlier approved, under which the arrest warrant and the non-bailable warrant warrant were issued for the arrest, which were not recovered in the court after execution. About this is bound to record the reasons in the order sheet. The absence of public witnesses and the prosecution should have taken all possible steps to obtain the service of trial court proceedings. The court was granting interim orders to adjourn the case for mechanical reasons and to influence the service of witnesses. It did not take the necessary steps to ensure that the remaining government witnesses had died, there was hardly any place to uphold the prosecution's order to close the evidence. , Because in this case, their secondary, evidence may be filed, the trial court's order may be issued under the order of the appellate court to close the evidence of the trial and thereby modify the trial court's order. Was rejected by the High Court in exercising its jurisdiction under section 6161 AA
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