AJAY NARAYAN DAS Vs. ASHA DEVI

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and leaned counsel appearing for the opposite party no. 2. Learned counsel appearing for the petitioners submits that the complainant was given ample opportunities to adduce witnesses before charge but in spite of 19 adjournments being given when the complainant did not produce witnesses to be examined before charge, the case was closed. After two months, an application was filed under Section 311 of the Code of Criminal Procedure for allowing her to examine the witnesses before charge. That prayer was allowed and thereby the court committed illegality as by allowing the prayer the court virtually has review its earlier order which power the court does not have and therefore, the impugned order is fit to be set aside.

(2.) Learned counsel in support of his submission has referred to a decision rendered in a case of Maj. Genl. A.S. Gauraya and another vs. S.N. Thakur and another, 1986 AIR(SC) 1440.

(3.) Mr. Chaturvedi, learned counsel appearing for the opposite party no. 2 submits that when the court has allowed the prayer made in an application filed under Section 311 of the Code of Criminal Procedure after having coming to conclusion that that examination of the witnesses is necessary for ends of justice, any such order passed by the court would not amount reviewing its earlier order by which the case had been closed.