NAKUL MANJHI Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 20.12.2000, passed by Judicial Magistrate, Dhanbad in C.P. No. 1294/1998, whereby the learned Magistrate allowed the petition of the complainant for adducing a fresh witness, namely, Sanatan Manjhi as well as the order dated 11.9.2001 by which the learned Magistrate ordered to examine a fresh witness.

(2.) THE learned counsel appearing on behalf of the petitioner submitted that the Court below has committed an error in passing the order dated 11.9.2001 in giving the complainant an opportunity to produce fresh witness after the cross - examination of lady witness, namely, Dulari Manjhian.

(3.) IT is true that the question of examination or cross examination of fresh witness arises only when the witnesses already examined before charge and cross - examination of the same is over and about the examination of fresh witness, that matter will be considered after hearing both sides by the Court below. The petitioners are directed to cross -examine Dulari Manjhian as per order dated 20.12.2000. The Court below is also directed to get the case disposed of by taking affective steps.