SRIRAM SINGH Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') has been filed by the petitioner for quashing the order dated 03.02.2017 passed by the learned 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 402 of 2012 arising out of Kateya P.S. Case No. 79 of 2012 whereby and whereunder he dismissed the application preferred under Section 311 of the Cr.P.C by the Public Prosecutor for summoning the investigating officer and the doctor in trial.

(2.) Mr. Bakshi S.R.P Sinha, learned Senior Advocate appearing on behalf of petitioner submitted that the trial against the accused person is going on interalia for the offence punishable under Section 302 of the Indian Penal Code. In course of trial, all the independent witnesses have been examined and they have supported the prosecution case. However, the doctor and the investigating officer could not be examined and even without their examination the court has closed the prosecution case. Under such circumstances, the Public Prosecutor filed an application on 16.12.2016 in the court below for summoning the investigating officer and the doctor, who had conducted post-mortem examination. However, the petition filed by the prosecution has erroneously been dismissed by the court below. He submitted that if the doctor and the investigating officer are not examined, the same would cause great prejudice to the case of the prosecution. On query, learned Senior Advocate appearing for the petitioner submitted that to the best of his knowledge trial has not yet concluded and the judgment has not been pronounced. On further query as to whether the State, which is prosecuting the matter in the court below, has challenged the order impugned before this Court, he replied that to the best of his knowledge the State has not carried the matter to this Court after the order impugned was passed by the court below on 03.02.2017.

(3.) I have heard learned Senior Advocate appearing on behalf of the petitioner and perused the record.