SANJEEV SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard. Mr. Indrajit Sinha, learned counsel for the petitioner, Mr. Satish Prasad, learned counsel for the State and Mr. R.S. Mazumdar, learned senior counsel for the informant.

(2.) This petition has been filed for quashing of order dtd. 22/12/2021 passed by the learned Additional Sessions Judge-XVI, Dhanbad in Misc. Criminal Application No. 1050 of 2020 in connection with Sessions Trial Case No. 276 of 2017 whereby petition filed by the petitioner under sec. 311 Cr.P.C. for recall of the P.W.3 and P.W. 6 for further cross-examination, has been rejected, pending in the Court of learned Additional Sessions Judge-XVI, Dhanbad.

(3.) Mr. Indrajit Sinha, learned counsel for the petitioner assailed the impugned order on the ground that after examination of P.W.3 and P.W.6 prosecution has brought on record SFSL and CDR in that view of the matter it was necessitated to recall these two witnesses for further cross-examination by filing petition under sec. 311 Cr.P.C. He submits that in the interest of justice petition under sec. 311 Cr.P.C. can be allowed at any stage by the Court. He relied in the case of State represented by the Deputy Superintendent of Police Vs. Tr. Seenivasagan, (2021) SCC Online SC 212 wherein para 13 and 14 the Hon'ble Supreme Court has held as under:-