BASUDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pramod Mishra, learned counsel for the petitioners as also the learned A.P.P. for the State.

(2.) The two petitioners who figure as accused in Sessions Trial No. 9 of 2002 are aggrieved by order dated 2.4.2007 passed by the learned Presiding Judge, Fast Track Court No. 1, Supaul, whereby he has allowed the petition of the State for recall of P.W. 3 who had already been examined, cross-examined and discharged.

(3.) It appears from perusal of petition filed by the State on the basis whereof the recall has been allowed that the recall was felt necessary since the alleged witness who was the informant of the case had not deposed in Court in accordance with his statement u/s. 161 of the Code of Criminal Procedure and that he had not been declared as a hostile witness and that in this view of the matter the re-examination of this witness had become an essential necessity.