BHIM MODI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 20.7.2011 whereby the application under Section 311 Cr.P.C. filed by the complainant was allowed in C.P. Case No. 1295 of 2005 pending in the Court of Judicial Magistrate, Dhanbad. Learned counsel for the petitioner while assailing the impugned order has argued that earlier the trial court vide its order dated 18.9.2010 had rejected the prayer of O.P. No. 2 to produce the witness whereafter the case was closed on 30.2.2010; that O.P. No. 2 i.e. the complainant did not file any revision or appeal against the said rejection order; that after conclusion of the argument by the defence on 2.12.2010 when the case was fixed for argument of the complainant the application under Section 311 Cr.P.C. was filed by the complainant for examination of a witness which was allowed by the trial court and such an order amounts to review of the earlier order which is impermissible in law. It has also been submitted that the complainant with intention to harass the petitioner-accused and with a view to prolong and delay the trial filed the application after such delay despite several opportunities were given to her to produce the witnesses during the trial but she failed to produce the evidence. In support of the contention learned counsel has referred to the certified copies of the order-sheets of the trial court at Annexure-2.

(2.) Learned counsel for O.P. No. 2 has submitted that he has given no objection and O.P. No. 2 has taken the file from him.

(3.) Heard.