SURYA NARAYAN HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 30/4/2022 whereby application under sec. 311 Cr.P.C filed by the petitioner has been rejected by the learned Additional Sessions Judge-1, Sahibganj.

(2.) The case has been filed on 26/12/2003 by the informant alleging therein that at about 6.00 a.m while the informant and the deceased were present in their house then the petitioner along with several other persons have attacked them and taken away the deceased with them. When they restrained to do so then the accused persons opened fire due to which the deceased has died. On the basis of the statement of the informant, Borio P.S. Case No.135 of 2003 has been lodged.

(3.) Mr. Mishra, the learned counsel appearing on behalf of the petitioner submits that petition dtd. 8/2/2022 was filed before the concerned court under sec. 311 of the Cr.P.C for recalling of the entire witnesses on the ground that police paper has not been supplied to the accused namely, Surya Narayan Hansda. He submits that there is statutory provision under sec. 207 Cr.P.C to provide police paper if the trial proceeds and in absence of police paper to be supplied to the accused Surya Narayan Hansda the trial proceeded and 11 witnesses have already been examined. He submits that within the stipulated period of time if this Court directs the court below to complete the exercise, the petitioner is ready to comply that. He further submits that beyond that the petitioner shall not pray for any adjournment. He further submits that similar was the provision under the old Act under sec. 162 which was considered by the Privy Council in the year 1947 and subsequently the Hon'ble Supreme Court has considered that judgment of the Privy Council in a case of "Purushottam Jethanand Versus The State of Kutch" reported in AIR 1954 SC 700. Paragraph no.4 of the said judgment is quoted hereinbelow: