MD WAJID ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 4/4.5.2012 Heard learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner has challenged the order dated 20.1.2012, passed by the learned Sessions Judge 1st, Jamshedpur, in S.T. No.235 of 2010, whereby the application filed by the prosecution under Section 311 of the Cr.P.C. for examining the witnesses, who had been named in the evidence of the informant, has been allowed by the Court below.

(3.) BE that as it may. Since these witnesses were not named by the informant in the FIR, not these witnesses were named before the I.O. and these witnesses were not the charge-sheet witness, I do not find any reason for allowing the application under Section 311 of the Cr.P.C. for examining these witnesses. It appears that these witnesses are sought to be examined only to fill up the lacuna, as the charge-sheet witnesses examined so far, had not supported the prosecution case, as it appears from the impugned order itself. This action of the prosecution cannot be allowed to be continued and the impugned order cannot be sustained in the eyes of law.