NARENDRA KUMAR MOHNOT Vs. STATE

JUDGEMENT

(1.) The Central Bureau of Investigation filed a charge sheet against the petitioner and two others for the offences under Sections 120-B r/w 420, 468, 471 r/w 468, I.P.C. in the year 1995. The prosecution has examined 14 witnesses, out of 24 witnesses cited in the charge sheet. At that point of time, the prosecution filed an application under Section 311, Cr. P.C. praying for permission to examine 5 more persons as additional witnesses.

(2.) The petitioner/accused objected to the said application on the ground that the names of additional 5 witnesses were not mentioned in the charge sheet and out of the 5 persons, 4 persons were treated as accused during investigation. Therefore, they cannot be treated as witnesses and their statements cannot be construed as statements recorded under Section 161, Cr. P.C.

(3.) The trial Court, while rejecting the objection of the petitioner/accused, upheld the contention of the prosecution and allowed the application. This petition under Section 482, Cr. P.C. is against the said order.