GOVARDHAN PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. By this application, petitioners have challenged the order dated 10.3.2008 passed by Sri S.P.Shukla, Judicial Magistrate, 1st Class, Banka in Complaint Case No. C266/2000, by which he allowed the petition of opposite party no.2 under section 311 Cr.P.C.

(2.) Merit of the case is not relevant to be laid down as the matter in controversy is to exercise power under section 311 Cr.P.C. by a Magistrate.

(3.) In the instant case, evidence of Complaint Case was earlier closed. Now prayer was made to examine (opposite party no.2) complainant as witness in presence and other witnesses on her behalf that is allowed that can be done under section 311 Cr. P.C. which runs as follows: