RADHA SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order dated 28.11.2002 passed in Sessions Trial No. 683 of 1997, arising out of Complaint Case No, 1 of 1986 by 8th Additional Sessions Judge,Patna whereby he has allowed the prosecution to exmine Rai Ramesh Prasad as prosecution witness under section 311 of the Code of Criminal Procedure.

(2.) LEARNED counsel for the petitioners has submitted that Rai Ramesh Prasad was neither named in the complaint petition as a witness nor he was examined in course of enquiry under section 202, Cr.P.C. despite several opportunities were given to the complaint. The -only motive of the prosecution is to fill up the lacuna in the case. He has further submitted that the court below has passed the order impugned without applying its judicial mind, as such, the order impugned is not sustainable in the eye of law and it is fit to be quashed.