LAWS(JHAR)-2014-3-31

ALOKE KUMAR GUPTA Vs. STATE OF JHARKHAND

Decided On March 31, 2014
Aloke Kumar Gupta Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This application is directed against the order dated 19.9.2013 passed in Complaint Case No. 38 of 2006 whereby and whereunder petition filed by the complainant under Section 311 of the Code of Criminal Procedure has been allowed. Learned counsel appearing for the petitioner submits that the petitioner is an accused in Complaint Case No. 38 of 2006. In that case, the complainant did not produce any of the witnesses and therefore, the court closed the case of the complainant Thereafter an application under Section 311 of the Code of Criminal Procedure was filed which was allowed subject to payment of cost of Rs. 500/-. Since the cost has been awarded, the complainant preferred a Revision application before the revisional court whereby the revisional court extended the time which was there in the order dated 19.9.2013 subject to payment of cost as had been ordered by the trial court.

(2.) Being aggrieved with the order passed by the trial court and also by the revisional court, the petitioner has preferred this application.

(3.) Mr. Lukesh Kumar, learned counsel appearing for the petitioner submits that the court should not have allowed the application filed under Section 311 of the Code of Criminal Procedure for the reason that not a single witness had been adduced by the complainant before the case of the complainant was closed.