DHIRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, the State and opposite party No. 2 and with their consent, this application is being disposed of at the admission stage.

(2.) IN this application prayer has been made to set aside the order dated 23.3.2000, by reason of which the learned Magistrate has closed the defence case.

(3.) THE facts of this case in nut shell is that after the prosecution case was closed on 17.9.1998 statements of the petitioners -accused were recorded under Section 313 of the Code of Criminal Procedure (in short, 'the Code') on 25.9.1998. The case was fixed on 10.11.1998 for defence and on that date the petitioners filed copies of formal FIR and fardbeyan of Agam Kuan P. S. Case No. 293 of 1994, i.e. the case lodged by petitioner No. 1 and requested the Court to mark them in accordance with law after getting the original documents called for from the Court of the Judicial Magistrate. The trial Court without calling for the original documents marked the copies as Exhibit A (the formal FIR) and Exhibit A/1 (the fardbeyan). On 25.11.1998 the petitioners filed two petitions, one for getting the final report arising out of Sultanganj P.S. Case No. 290 of 1994 marked as the original final report was missing from the record and the second petition was with a prayer to call for joint supervision notes of both the cases of the A.S.P., Miss Preeta Verma and Mr. R.S. Bhatti, the City S.P. Patna and also the prosecution report under Sections 182/211 of the Penal Code, against opposite-party No. 2. The Magistrate marked the copy of the final report as Exhibit B in absence of the original and adjourned the case to 9.12.1998 for rejoinder by the complainant opposite-party No. 2. The rejoinder was filed by opposite party No. 2 on 21.12.1998 and the case was adjourned to 5.1.1999 for orders. By order dated 8.1.1999 the petition dated 25.11.1998 filed by the petitioners was rejected and against that the petitioners moved this Court in Cr. Misc. No. 6023 of 1999. This Court set aside the said order and directed the trial pass necessary orders for calling the documents as prayed for. In compliance of the said order, the Magistrate called for the supervision note from the Court of the Additional Chief Judicial Magistrate and the case was further adjourned. On 11.11.1999, the complainant filed a petition purported to be under Section 294(3) of the Code stating therein that he has no objection to mark the copies of the documents called for by the accused-persons and on 8.12.1999 the Magistrate allowed the prayer of the complainant and marked the supervision note and photo copy of the prosecution report as Exhibits A and B, respectively. On 14.3.2000 the petitioners again filed two petitions, one for summoning the City S.P., Mr. R.S. Bhatti, to produce certain documents namely, Memo No. 5034/C.R. dated 18.10.1995 from the office of the City S.P. Patna. In their second petition the petitioners prayed for calling for original supervision note of Miss Preeta Verma, the then ASP Patna City, original charge-sheet of Agam Kuan P.S. Case No. 293 of 1994 and original injury report of the accused Dhirendra Singh. He also prayed for summoning certain police officials. These two prayers have been rejected by the impugned order by the learned Magistrate.