BIRENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 13.8.2009, passed by Sri B.K. Lal, Judicial Magistrate, Bokaro in C.P. Case No. 10 of 2002 by which the petition filed on behalf of the petitioner-accused on 15.5.2009 for issuance of summons to the defence witnesses was rejected.

(2.) Prosecution story in short was that an inspection team headed by Executive Magistrate visited the petrol pump of the complainant and it was alleged against the petitioner-accused that he had mischievously broken the seal of a petrol tank. It was further alleged against the petitioner that he had demanded gratification of Rs. 20,000/- to which the complainant-owner of the petrol pump refused to oblige him.

(3.) After evidence was complete and adduced on behalf of the complainant, petitioner-accused was examined under Section 313 of the Code of Criminal Procedure and thereafter, he was called upon to adduce evidence. In this connection, he filed a petition on 15.5.2009 by giving list of witnesses. Accused-petitioner requested the Court for issuance of summons to them, who were the official witnesses of the different Departments of the State of Jharkhand.