CHANDRA PRASAD SINGH AZAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 3/14.5.2012 Heard learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner has challenged the order dated 4.7.2011 passed by Sri Satyapal, learned Judicial Magistrate, 1st Class, Hazaribagh, in G.R. No.2065 of 1999 / T.R. No.205 of 2011, whereby the application filed by the petitioner for recalling the earlier order dated 8.5.2006 passed by the Court below, was rejected by the Trial Court.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order dated 4.7.2011 passed by the Court below is absolutely illegal in as much as, the documents mentioned in the impugned order were not the part of the case diary and taking those documents in the evidence shall vitally prejudice the case of the petitioner. LEARNED counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law.