MUKESH GOSWAMI Vs. STATE OF CHHATISHGARH

JUDGEMENT

(1.) At the request of learned counsel for the applicant, this revision is heard finally today, at. the stage of admission.

(2.) The applicant is aggrieved by the order dated 21.7.2006 passed by the Sessions Judge, Ambikapur in Sessions Trial No. 298/2004 (State of Chhattisgarh v. Lokendra & Others) under Sections 302, 201 and 120 (B) of IPC whereby the learned Sessions Judge allowed the application filed by the prosecution under Section 311 of Cr.P.C. for re-examining investigating officers A.S.I. M.S. Chandel PW-14 and S.I. Subhash Das PW-17.

(3.) Learned counsel for the applicant has argued that the impugned order is perverse since neither the application nor the impugned order discloses any ground on which the prosecution sought to re-examine the aforesaid witnesses. On the other land, Shri M.P.S. Bhatia, PL for State has argued in support of the impugned order while praying in the alternative that liberty may be granted to the prosecution to make an application under Section 311 of Cr.P.C. before the trial Court for re-examination of the aforesaid witnesses disclosing cogent grounds and the evidence sought to be adduced.