AWADHESH SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short ' Cr.P.C .') has been filed by the petitioners for quashing the order dated 02.08.2017 passed by Fast Track Court No. 1, Lakhisarai in S. Tr. No. 820 of 1999, arising out of Barahiya (Birpur) P. S. Case No. 88 of 1997 by which the prayer of the prosecution for bringing on record the charge sheet of Birpur P. S. Case No. 24 of 1999 as an exhibit has been allowed.

(3.) The petitioners have been made accused in a case under Section 302 of the Indian Penal Code. On completion of investigation, the same was found true and charge-sheet was submitted against them. On receipt of the charge-sheet, cognizance of the offence was taken and the case was committed to the court of session for trial. After the evidence on behalf of the prosecution was closed, the statement of accused persons were recorded under Section 313 of the Cr.P.C. and the case was fixed for argument. After the argument on behalf of the prosecution was closed, a petition was filed on behalf of the prosecution on 19th July, 2017 to bring on record charge-sheet of the case relating to death of witness Kishun Singh @ Ram Kishun Singh. An objection was raised on behalf of the accused persons that the prayer was made belatedly and without disclosing the provision of law for proving charge-sheet.