GANESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the petitioner for quashing the order dated 09.01.2017 passed by the learned Additional Sessions Judge, 3rd, Muzaffarpur in Sessions Trial No. 507 of 2014, arising out of Saraiya (Jaitpur O.P.) Case No. 307 of 2013 whereby the petition dated 03.11.2016 filed on behalf of the petitioner for recalling P.Ws. 1 and 2 for further cross-examination has been rejected.

(2.) The petitioner has been made FIR named accused in Saraiya (Jaitpur O.P.) Case No. 307 of 2013 dated 31.10.2013 registered under Section 302 read with 34 of the Indian Penal Code.

(3.) Assailing the impugned order dated 09.01.2017, learned counsel for the petitioner submitted that the court below failed to appreciate the law and facts involved in the present case. He submitted that once a petition was filed on behalf of the defence for summoning P.Ws. 1 and 2, who were already examined, it was incumbent upon the court below to have appreciated that the crossexamination of the defence could not have been conducted in the manner as it was required. He submitted that the court below ought to have appreciated the fact that if the aforesaid two witnesses are not examined, the case of the defence would be prejudiced.