ALOK SHARMA Vs. STATE

JUDGEMENT

(1.) Petitioner has been put to trial to face a charge of Section 376/420 RPC. Since the prosecution could not produce its entire evidence despite availing opportunities, its evidence was closed by the order of the Court. Thereafter, State moved an application under section 540 Cr.P.C for summoning PW Basanti Bhat, the Investigating Officer (for short 'I.O') of the present case which has been allowed vide order dated 21-04-2012 of learned Principal Sessions Judge, Jammu (impugned herein). The petitioner through the instant petition has sought quashment of the aforesaid order.

(2.) It needs to be mentioned here that during the pendency of the instant petition, the trial Court was directed to go ahead with the recording of the evidence, but a restraint has been put for pronouncing the final order. During this period, statement of I.O sought to be summoned has been recorded and even cross-examined by the defence. However, the statement of the accused could not be recorded under section 342 Cr.P.C as the trial Court record has been summoned for perusal of this Court.

(3.) Heard Mr. Sethi learned senior Advocate assisted by Ms. Surbhi Gupta Advocate, Mrs. Watali, learned Dy.AG and perused the entire record.