DINESH Vs. STATE

JUDGEMENT

(1.) Petitioners who are accused nos.1 to 3 in S.C.No.239/2017 pending on the file of I Addl. Sessions Judge, Kalaburagi, registered for the offences punishable under Sections 302, 201 read with 34 IPC, have challenged the order dated 06.01.2021 passed by the said Court exercising its power under Section 311 Cr.PC, principally on the ground that the learned Sessions Judge had no jurisdiction to exercise the power under Section 311 Cr.PC since the case was already posted for judgment.

(2.) Brief facts of the case are, on the basis of the complaint filed by one Shivaraj S.Malipatil, Narona Police, Alland Circle, Kalaburagi, have registered a case in Crime No.102/2017 against unknown persons for the offences punishable under Sections 302, 201 IPC and subsequently, charge sheet has been filed in the said case against the petitioners herein for the offences punishable under Sections 302, 201 read with 34 IPC. After the charge sheet was filed, the accused are tried for the alleged offences before the Court of I Addl. Sessions Judge, Kalaburagi, in S.C.No.239/2017. After completion of recording the evidence in the said case, the learned Sessions Judge had heard the arguments on both sides and thereafter posted the matter for judgment. At that stage, the impugned order dated 06.01.2021 has been passed by the learned Sessions Judge suo motu exercising his power under Section 311 Cr.PC.

(3.) Learned Counsel for the petitioners submits that since the case is already posted for judgment, the learned Sessions Judge had no jurisdiction to exercise the power under Section 311 Cr.PC. The said power can be exercised only at the stage of trial. He submits that the learned Sessions Judge having heard the arguments of both parties, thereafter cannot invoke the power under Section 311 Cr.PC because that would amount to filling up the lacuna in the case of the prosecution, and therefore, he prays to allow the petition.