(1.) This is an application under section 482 of the Code of Criminal Procedure, for quashing the order of the learned Magistrate, dated 28th August, 1980.
(2.) The facts, in brief, are that a proceeding under section 145 of the Code of Criminal Procedure is pending in the court of Shri S. N. Lal, Executive Magistrate, Bhagalpur the petitioners are the second party in that proceeding. The recording of evidence for the first party was ordered to be closed on 5th December, 1979. The recording of evidence on behalf of the second party commenced from 14th December, 1979 and it came to a close in August, 1980- After the recording of evidence on behalf of the second party was concluded, a prayer was made on behalf of the first party to permit them to adduce further evidence. The learned Magistrate granted the prayer and directed the first party to produce their witnesses. The petitioner being aggrieved by the order of the learned Magistrate, permitting the first party to adduce evidence after closure of their evidence, have moved this court by the present application.
(3.) Learned counsel for the petitioners has submitted that in adopting the procedure of permitting the first party to adduce evidence after the closure of the evidence on behalf of the second party amounted to abuse of the process of the court. Mr. Roy for the petitioners contended that it is unknown to law that the first party should be permitted to examine witnesses after the second party concluded examination of its witnesses. There is no substance in this submission and must be rejected. Section 311 of the Code of Criminal Procedure permits any court at any stage of any enquiry, trial or other proceeding to examine any person or recall any person or summon any person as a witness. The Code gives wide latitude to a court in the matter of examination of witnesses in consonance with justice and fairpaly.