SHYAM VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been directed against the order dated 28.12.2010 passed by Chief Judicial Magistrate, Solan in application No. 378/4 of 2010 in Criminal Case No. 50/2 of 2005 allowing application under Section 311 Cr.P.C. of the prosecution.

(2.) The facts in brief are that petitioner is facing trial for offence punishable under Section 406 IPC. The prosecution has cited 11 witnesses including one Sat Pal but prosecution examined only six witnesses. The trial Court afforded several opportunities to the prosecution to produce its witnesses but despite such opportunities the prosecution could not examine more than six witnesses. The trial Court closed the evidence of the prosecution on 1.7.2010, listed the case for statement of petitioner under Section 313 Cr.P.C., which was recorded on 8.9.2010. The case was fixed for final arguments on 16.9.2010.

(3.) On 16.9.2010 the prosecution moved an application under Section 311 Cr.P.C. for examining Sat Pal, Surjeet Singh, Suresh Kumar, Ranjeet Singh and Madan Lal. The application was contested by the petitioner. The trial Court partly allowed the application on 28.12.2010 and permitted the prosecution to examine Sat Pal as witness. The order dated 28.12.2010 has been assailed in the petition. It has been stated that once the order dated 1.7.2010 closing the evidence of the prosecution had attained finality, prosecution could not be granted permission under Section 311 Cr.P.C. for examining the same witness who was earlier not permitted to be examined vide order dated 1.7.2010. The submission has been made for acceptance of the petition.