VIKASH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) NO one appears on calls on behalf of the petitioner.

(2.) THE present petition has been filed seeking the quashing of order dated 15.10.2011 by which the Assistant Sessions Judge, Patna chose to proceed under Section 311 Cr.P.C. by directing the issuance of warrant of arrest against witnesses, who could not be examined, due to their nonattendance, so as to procuring their appearance before him for evidence.

(3.) IN spite of the fact that no one has appeared, what I find from the record is that a judgment of the Court in Devendra Kumar Vs. State of Bihar, 2011 4 BBCJ 180 has been heavily relied upon by the petitioner and a copy of the text of the judgment has been placed on record. The learned Judge who passed that judgment held that it is true that Section 311 Cr.P.C. empowered a court to summon any witness at any stage of the proceedings before signing of the judgment, but while exercising that power the trial court is not entitled to commence de novo trial. Once the order of closure of the evidence was passed by a reasoned order, it was held by the learned Judge, the same was never to be challenged and once the order had attained finality the court was precluded from reopening the hearing of the case by virtue of Section 311 Cr.P.C.