Sikkim Court August 1985 Judgments

State of Sikkim Vs. M.K.O. Nair and anr.

Court: Sikkim

Reported in: 1986CriLJ415

ORDERR. Dayal, J.1. This revision challenges the validity of the Order dt. 4-2-1985, passed by the learned Additional Sessions Judge, Gangtok, whereby the prayer made by the prosecution for adjournment and issue of fresh summonses to two witnesses, namely, Shri K.P. Chinnaswami, Assistant Director of Education, Tamil Nadu, and Shri G. Krishnamoorthy, S.P., Special Branch, Kerala, was at first allowed on payment of Rs. 500/- as costs, but later on the prosecution declining to pay the costs, was refused and the prosecution evidence was closed.2. FIR against both the accused-respondents was lodged on 23-3-1982, and they were arrested and released on bail some time in March or April, 1982. A charge-sheet was filed against them on 1-9-1982, by the Sikkim Vigilance Police under Section 120B read with Sections 468, 471 and 417, Penal Code. Charges were framed against both the respondents under Sections 120B, 468, 471 and 417, Penal Code, by the learned Sessions Judge on 18th May, 1983, and th...