VINOD KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by the petitioner against the order dated 22.10.1999 passed by the learned Additional Chief Judicial Magistrate No. 1, Jaipur District, Jaipur in Criminal Case No. 85/1999, Whereby he has allowed an application filed by the prosecution under Section 311 Cr.P.C.

(2.) BRIEF facts of the case are that a First Information Report had been registered on 24.02.1999, at Police Chaksu, District Jaipur (Rural) for the offence under Section 420 I.P.C. On conclusion of the investigation, a charge -sheet came to be filed for the offences under Section 419 and 420 I.P.C. Subsequently, charges were also framed against the accused -petitioner, for the aforementioned offences.

(3.) THE learned Counsel for the petitioner has submitted that the order passed by the learned trial court is wholly illegal and contrary to the settled principles of law. He has submitted that the instant case is one, whereby the application under Section 311 Cr.P.C. has been filed by the prosecution to fill up its lacuna. In this regard, he has stated that none of the seven witnesses were neither named in the First Information Report nor there statements were recorded under Section 161 Cr.P.C. nor their names find place in the calender of witnesses, at the time of filing of challan by the investigation agency. He has further submitted that though the provision of law is that an application for calling of witnesses under Section 311 Cr.P.C. can be made at any stage, but in the instant case the stage, as referred in the aforesaid provisions, had also been over during the trial. According to him, the final hearing in the case had taken place and the case was fixed for pronouncement of judgment. There -fore, in such view of the matter, the stage of trial had already been offered.