ASHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The petitioner is aggrieved by the order dated 10.12.2004 passed by Sri Prem Shankar, learned Judicial Magistrate, Dhanbad, in C.P. Case No. 243 of 2000 whereby, the application filed by the complainantpetitioner under Section 311 of the Cr.P.C., has been rejected by the Court below.

(3.) It appears that the complainant-petitioner had filed the complaint case in the court of Chief Judicial Magistrate, Dhanbad, which was numbered as C.P. Case No. 243 of 2000 in which, the opposite party No. 2 was made an accused. During the pendency of the complaint petition, there appears to be compromise between the parties and the complainantpetitioner examined herself as C.W. 3 in the Court below wherein she stated about the compromise between the parties. Other two witnesses were also examined by the petitioner. Subsequently, she filed an application in the Court below under Section 311 of the Cr.P.C. stating that the accused had not preformed his part of the compromise and, accordingly, the evidences recorded on the basis of the compromise were useless and be ignored and the complainant be allowed to examine the witnesses afresh under Section 311 of the Cr.P.C.