MDNEZAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) -The application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is for quashing the order dated 20.3.1995 passed by the learned Chief Judicial Magistrate Jamui whereby he rejected the petition filed by the petitioner for recording the statement of a witness Md. Usman under Section 164 of the Code.

(2.) The petitioner is the informant of Sikandara P.S. Case No. 192/92 under Section 364/34 of the Indian Penal Code instituted in connection with the kidnapping of his father Md. Usman. The police, after investigation, submitted charge-sheet against the accused persons named in the first information report describing Md. Usman, the father of the petitioner informant as traceless. After submission of the charge-sheet, Md. Usman appeared in the village and when the police did not record His- statement on the ground that charge-sheet had already been submitted, the informant filed an application before the learned Chief Judicial Magistrate for recording the statement of his father under Section 164 of the Code. The application was rejected by the impugned order dated 20.3.1995 and it is against the said order that this application has been filed.

(3.) It appears that the learned A.P.P. appearing for the State opposed the prayer for recording the statement of Md. Usman at the instance of the informant. It was opposed also on the ground that the case was fixed for commitment and if the prayer of the petitioner was allowed at this stage, it will cause prejudice to the prosecution case. Learned Chief Judicial Magistrate rejected the application with the observation that it would not be just and proper to allow the prayer when the case is fixed for commitment.