SURESHWAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and Opposite Party No. 2 and with their consent this application is being disposed of at the time of admission itself.

(2.) THE informant as petitioner has challenged the order of the revisional Court dated 31.7.2001 setting aside the order of the trial Court dated 25.9.2000, who exercising its power under Section 311 of the Code of Criminal Procedure (in short the Code), directed recording of certain papers.

(3.) A brief fact is necessary to appreciate the point advanced on behalf of the parties. Charge in the case was framed on 10.5.1999 under Section 420, 468 of the Indian Penal Code and two witnesses were examined by the prosecution on 15.5.1999. They were declared hostile but the informant, who is the main witness of the case, was not examined by the prosecution for the reasons best known to it. No doubt. the case of the prosecution was closed on 16.9.2000 and statements under Section 313 of the Code were recorded on 20.9.2000. The Trial Court fixed the date 25.9.2000 for pronouncement of the judgment. But before pronouncement the trial Court exercising its power under Section 311 suo motu summoned the informant for his deposition in Court. The accused -opposite party challenged the said order before the revisional Court and by the impugned order the revisional Court agreeing with the prayer set aside the order of the trial Court.