SAYEEDA FARHANA SHAMIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 13.12.2006 passed by learned Single Judge of the Patna High Court whereby the learned single Judge of the High Court has quashed the order passed by the learned Sub- divisional Judicial Magistrate, Bhagalpur (hereinafter to be referred to as the S.D.J.M.) in Complaint Case No.1115 of 1999 by which the learned S.D.J.M. allowed prayer of the complainant by order dated 25.5.2005 to examine five witnesses named in the supplementary list filed by the complainant. A complaint was filed under Sections 323, 406, 498A of the Indian Penal Code and under Sections 3 & 4 of the Prevention of Dowry Act. Therefore, the limited question arose whether the complainant can file a supplementary list of witnesses or not.

(3.) In order to appreciate the controversy involved in the matter brief facts may be enumerated. A complaint was filed under Sections 323, 406, 498A of the Indian Penal Code and under Sections 3 & 4 of the Prevention of Dowry Act. The S.D.J.M. registered the complaint. Syed Abdul Shamim, the father of the complainant was examined under Section 202 of the Code of Criminal Procedure but he died on 9.1.2001. Therefore, this witness could not be tried during the trial. Out of the remaining four witnesses, only two witnesses i.e. Syed Abdul Shalim and Mohd. Sheru were examined before charge and were also examined after the charge. The rest of the two witnesses namely, Syed Abdul Fahim and Syed Obaidulla were gained over and therefore, they did not come to the witness box. Then, an application was filed by the complainant to examine further witnesses before the charge on 3.1.2003. The accused persons filed a rejoinder on 5.1.2003. However, the S.D.J.M., Bhagalpur rejected the petition filed on behalf of the complainant to examine further witnesses before charge by its order dated 1.5.2003. The S.D.J.M. framed the charge on 30.8.2004. Then again on 24.1.2005 the complainant filed a petition before the S.D.J.M., Bhagalpur and prayed for issuance of summons to the witnesses whose names appeared in the list attached with the application.