BILLAR BADRI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A G A and perused the record including orders of the learned Sessions Judge, Banda dated 26.7.2005 and 30.9.2005

(2.) It is submitted that learned Session Judge vide his order dated 26.7.2005 summoned P.W. 6 Siraj Ahmad, Investigating Officer of the case and Constable, who had made entry in the G. D. on 6.8.2003. This order was passed by the Sessions Judge in exercise of his powers under Section 311 Cr.P.C. which provides that any criminal court may at any stage of any inquiry, trial or other proceedings under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

(3.) An objection was filed on behalf of the accused that in the order-dated 26.7.2005 the court has not clarified that on what fact the re-examination of the Investigating Officer is necessary.