URMILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The petitioner is aggrieved by the order dated 19.10.2011 passed in S.T. No. 110 of 2007, by the learned 1 st Additional Sessions Judge, Bokaro, whereby the application filed by the petitioner under Section 311 of the Cr.P.C. for summoning the witness has been rejected by the Court below.

(3.) From the impugned order, it appears that the case was already at the argument stage, when the application was filed for summoning the witness, who was a charge sheet witness. The said charge sheet witness was not examined by the prosecution. It is apparent that after closing of the prosecution witness, the defence also must have got the opportunity to examine its witnesses and the defence did not avail the opportunity to examine the said witness, rather, at the argument stage, the application was filed under Section 311 of the Cr.P.C., to examine the said witness. It appears from the impugned order that the said witness is only a formal witness and the Court below has given a finding, supported with cogent reasons, that the application has been filed for delaying the trial and has accordingly, rejected the application.