STATE OF BIHAR Vs. RAJENDRA SINGH

JUDGEMENT

(1.) -This revision application is directed against the order of Shri C. S. Lal, 4th Additional Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No. 65/80/1/82 dated 17th February, 1985 by which the prosecution was closed on the ground that even after giving two adjournments to the prosecution, material Exts. and other witnesses were not produced in the court.

(2.) The learned counsel for the State submitted that A.S.I., Harnaut police station in the district of Nalanda had been transferred because of the law and order problem and that caused delay and hence, material Exts. could not be produced.

(3.) The learned counsel for the opposite parties submitted that as per impugned order, last prosecution witness was examined on 23.3-1983 and thereafter, the prosecution went on taking adjournments, the court was pleased to write two D.O. letters to the Superintendent of Police, Nalanda for the production of material Exts. but of no avail. Lastly, on 17-1.1985 the court closed the prosecution case and adjourned the case and examined the accused under section 313 of the Code of Criminal Procedure. According to him, the prosecution had been granted very liberally the adjournments for about 22 months and not a single witness or material Exts. was produced before the trial court. The accused were kept on tenter-hooks during all these months. So, the learned court was constrained to close the prosecution case in the interest of justice.