BRAHAMDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has prayed for quashing order dated 10-9-2004, passed in Criminal Revision No. 113 of 2003, by Additional Sessions Judge cum Fast Track Court No. 3. Patna by which he confirmed order dated 28-7-2003, passed by Addl. Chief Judicial Magistrate, Khagaria in GR No. 339/2000, where under he allowed the prayer of Opp. party No. 2 contained in his petition dated 9-6-2003 giving him permission to make pairvi and to continue the proceeding in place of informant of the case, who died on 31-5-2003, and also allowed prayer of Opp. party No. 2 under Section 311 Cr. P.C. to adduce the evidence of additional witness whose names do not find mention in the column of charge-sheet.

(3.) THE petitioner submits that Navin Kumar had examined himself as a witness. However, he later on died. Two years after death, his uncle Rajeshwar Yadav filed two petitions before the learned Magistrate one for impleading him as an informant to continue the case and second for summoning additional witnesses u/S. 311 Cr. P.C. The learned Magistrate allowed both the petitions vide orders dated 28-7-2002. The accused persons namely the petitioner and Opp. party 2nd set, being aggrieved preferred revision before the Sessions Court being Revision case No. 113 of 2003. The aforesaid revision application was dismissed vide order dated 10-9-2003.