DEENANATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C."), the petitioner is aggrieved by order dated 09.02.2017 passed by the learned Additional District & Sessions Judge-II, Gaya in Sessions Trial No. 314 of 2014 arising out of Khizersarai P.S.Case No. 53 of 2004 whereby the application filed by him for examining the witnesses named in the protest petition has been rejected.

(2.) The petitioner Deenanath Yadav is the informant of Khizersarai P.S.Case No. 53 of 2004 dated 29.06.2004 registered under Sections 304-B and 201 read with 34 of the Indian Penal Code. The said case was investigated upon and on completion of investigation the police submitted charge-sheet under Section 306 and 201 read with 34 of the Indian Penal Code. The learned Magistrate took cognizance of the offences under which charge-sheet was submitted and committed the case to the court of Sessions for trial. In the said Sessions Trial, charges have already been framed and the trial is going on.

(3.) It is at this stage a petition was filed by the informant for examining certain witnesses whose statements were not recorded in course of investigation and who were not made charge-sheet witnesses. The said petition filed on behalf of the informant has been rejected by the trial court vide impugned order dated 09.02.2017.