RAJENDRA MANDAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 28.8.2010 by which the learned Additional Sessions Judge, Deoghar allowed the petition filed on behalf of the prosecution under Section 311 Code of Criminal Procedure in Sessions Case No. 103/07.

(2.) It would be relevant to mention that the learned Additional Sessions Judge, Deoghar by the order dated 19.4.2007 had framed the charges against the accused Petitioners Rajendra Mandal and Parmanand Mandal for the alleged offence under Sections 448, 341, 326, 379, 387, 307/34 of the Indian Penal Code, whereas against the accused Petitioner No. 3 Hari Mandal, charges were framed under Sections 307/34, 448, 341 and 379 of the Indian Penal Code separately on 3.7.2007.

(3.) Learned Counsel appearing for the Petitioners submitted that after framing of charge since no witness could be produced and examined on behalf of the prosecution for several years during 2007-2010, the trial court closed the evidence of the prosecution and examined the accused Petitioners whose statements were recorded under Section 313 of the Code of Criminal Procedure on 5.7.2010. After examination of the accused under Section 313 of the Code of Criminal Procedure the prosecution then filed a petition under Section 311 of the Code of Criminal Procedure seeking an opportunity to produce and examine the prosecution evidence for the ends of justice by taking the plea that no notice could be served upon the witnesses through the process of the court to which, the learned Counsel submitted that it was absolutely a misleading statement of the prosecution and was totally misconceived.