VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure (The Code in short) praying therein to quash order dated 8.8.2002 recorded by the learned Additional Sessions Judge, 12th at Patna in Cr. Rev. no. 197 of 2002 preferred against order dated 21.2.2002 recorded by Sri S.K. Chaudhary, the then Judicial Magistrate, first class at Danapur in Complaint Case no.203(C) of 1999 whereby and whereunder the application filed by the petitioner, the complainant in the case, under section 311 of the Code of Criminal Procedure, 1973 was rejected. The revision against that order was also dismissed.

(2.) LEARNED counsel for the petitioner has submitted that two witnesses were examined in the case and the rest of the witnesses of the complainant had gone over to the side of the accused and, thereafter a petition was filed by the petitioner on 17.5.2000 to be allowed to examine five more witnesses named therein but, as argued by the learned counsel for the petitioner the petition aforesaid remained pending though charges were framed. Thereafter, the same prayer was repeated by another petition dated 8,1.2002 (Annexure -4).

(3.) OBVIOUSLY , the other witnesses named in the complaint did not come forward to support the case of the complainant whereafter, as mentioned in the order of the learned Magistrate, earlier a petition was filed on 8.6.1999 for examining witnesses, learned counsel for opposite parties no. 3 to 5 submitting that in that also names of two other witnesses were given who also did not turn up to support the case of the complainant. Learned counsel for the petitioner submits that the two witnesses named in petition dated 8.6.1999 had turned up in course of enquiry under section 202 of the Code but in cource of trial they did not turn up.