RAISUL AZAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the petitioners and the State.

(2.) The petitioners have prayed for quashing of the order dated 7.4.2007 passed in Trial No. 1208/06 by which the learned S.D.J.M., Bettiah, West Champaran exercising his powers under Section 311 of the Code of Criminal Procedure directed the prosecution to examine some of the witnesses who were already examined earlier before the Court. The case arises out of a complaint in which upon inquiry being conducted a prima facie case was found to be made out under Section 498A of the Indian Penal Code.

(3.) The petitioners before this Court are the husband and in-laws of the complainant. The complainant and one another were examined before the court in terms of some sort of settlement arrived at between the parties outside the court. Subsequently, the complainant filed a petition before the court stating therein that there was a talk going on for settlement of dispute outside the court and in terms of assurance given by the accused persons, two of the prosecution witnesses deposed in terms of compromise. However, subsequently, the accused persons resiled from the terms of compromise arrived at between the parties and, thus, the complainant wanted that the prosecution witnesses who were already examined be recalled so that they may support the prosecution case. Taking into consideration the facts and circumstances of the case, the court below allowed the petition filed on behalf of the complainant-opposite party no. 2 and directed the witnesses already examined to be recalled and re-examined in the case. The said order is under challenge in the present case.