JITENDRA NATH GHOSHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the B.N.S.S., 2023 with a prayer to quash and set aside the order dtd. 5/12/2024 passed by learned Sessions Judge, Bokaro in Criminal Revision No.245 of 2024 whereby and where under the learned Sessions Judge, Bokaro dismissed the revision petition; thereby upholding the order dtd. 25/9/2024 passed by the learned Judicial Magistrate-1st Class, Bokaro in G.R. Case No.1553 of 2016 arising out of Bokaro Steel City P.S. Case No.223 of 2016. In this criminal miscellaneous petition, prayer has also been made for quashing the order dtd. 25/9/2024 passed by the learned Judicial Magistrate-1st Class, Bokaro whereby, the petition of the prosecution to examine one witness Dr. Arjun Prasad and another petition to examine another witness Amar Chandra Jha was allowed, by the learned Judicial Magistrate-1st Class, Bokaro, though their names were not appearing in the witness column of the charge sheet.

(3.) The brief fact of the case is that on 30/7/2024, a petition was filed on behalf of the prosecution, to correct the name of one witness Amar Chandra Agarwal whose name was appearing in the witness column of the charge sheet; as Amar Chandra Jha. The IO filed the Aadhar Card of the witness and the trial Court corrected the name of the witness Amar Chandra Agarwal as Amar Chandra Jha vide order dtd. 25/9/2024, on the ground that the same was a clerical mistake and further went on to allow the prayer of the prosecution, to examine Amar Chandra Jha as a witness in the case. On 25/9/2024, the trial Court also took up the petition filed by the prosecution, praying therein that as Dr. Arjun Prasad has furnished injury report, hence, his examination as a witness, be allowed for the just decision of the case and the same was also allowed. The petitioner filed Criminal Revision No.245 of 2024 and the same was dismissed by the learned Sessions Judge, Bokaro vide order dtd. 5/12/2024.