SUKUMAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A case was lodged by the informant-petitioner for commission of offence under Section 307 and other allied sections of the Indian Penal Code. On submission of the charge sheet, cognizance of the offences was taken against the accused persons, who were put on trial. During trial, private witnesses were examined by the prosecution but when A.P.P did not took any serious effort to secure attendance of the Investigating Officer and the Doctor, an application was filed before the court for removing the said A.P.P from the case so that new A.P.P be assigned with the case.

(2.) However, no order could be passed .Thereupon, suddenly the court closed the evidence of the prosecution.

(3.) Being aggrieved with that order, an application was filed under Section 311 of the Code of Criminal Procedure praying therein to summon the Doctor and the Investigating Office as their evidences would be necessary for just decision of the case but that application was dismissed, vide order dated 31.1.2008 by holding that much time has already been consumed still the prosecution has failed to examine all the witnesses. That order is under challenge.