SANTOSH KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner, Mrs. Priya Shrestha, learned counsel for the State and Mr. M.B. Lal, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing and setting aside the order dtd. 23/11/2021 passed in S.T. Case No.336 of 2018 (arising out of Barwadda P.S. Case No.67 of 2018) passed by the learned District and Additional Sessions Judge-X, Dhanbad, whereby petition filed by the petitioner under Ss. 311 of the Cr.P.C. has been rejected.

(3.) The petitioner is being tried as an accused in S.T. Case No.336 of 2018. After the closure of the prosecution witness on 3/8/2021, the statement of the accused was recorded under Sec. 313 of the Cr.P.C., wherein the petitioner denied the allegations put to him. After recording of statement under Sec. 313 Cr.P.C., the learned court below received report from F.S.L., Ranchi, which was forwarded by the learned Magistrate, Dhanbad. The prosecution moved a petition dtd. 26/8/2021 under Sec. 294 of Cr.P.C. with the prayer to mark the said F.S.L., Ranchi report as exhibit. The petitioner filed rejoinder petition dtd. 1/9/2021 opposing the petition of the prosecution stating therein that the petitioner is not aware of the F.S.L. report and the petitioner would be seriously prejudiced if the copies of the F.S.L. report is not provided to him. The petitioner filed another petition dtd. 28/9/2021 under Sec. 293(2) and 311 of Cr.P.C. praying inter alia to summon the Director of F.S.L., Ranchi as a witness. The said petition filed by the petitioner was rejected on 23/11/2021. Aggrieved with this order, the petitioner has filed this petition.