MUNNA SINGH @ SHARANGDHA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Cr.M.P. No. 432 of 2006 and Cr.M.P. No. 441 of 2006 are taken together for common order arising out of common cause of action whereby and whereunder prayer has been made under Sec. 482 of the Code of Criminal Procedure for quashing the order impugned dated 18.3.2006 passed by the Additional Sessions Judge, FTC IV, Dhanbad in Sessions Trial No. 301 of 2002 arising out of Katras (East Basuria ) P.S.Case No. 30 of 1999 whereby and whereunder the trial court below rejected different petitions of the petitioners herein.

(2.) Following petitions were disposed of by the trial court below on 18.3.2006 impugned in the Sessions Trial No. 301 of 2002:

(3.) With reference to Item No. (i) which relates to Cr.M.P. No. 432 of 2006, prayer was made by the accused petitioner Munna Singh to issue summons to the witnesses through the Superintendent of Police in relation to the official witnesses and separate summons to non-official witnesses through the process of the court. It is evident from the order impugned and to quote in the present case accused Munna Singh had furnished a list of witnesses in which witness No. 1 to 8 are Officers-in-Charge of the concerned police stations. The defence has levelled his petition that aforesaid Officers-in-Charge were present at the said police station in the year 1999. Their prayer is to issue summons through the Superintendent of Police. Petition is completely silent regarding the present posting of the aforesaid official witnesses. The accused Munna Singh has also mentioned the name of some non-official witnesses along with their address and prayed to issue summons through the agency of the court. From perusal of the petition I find force in the argument of the Public Prosecutor that such petition has been filed by the defence only to cause delay in disposal of the case. If prayer of the accused be allowed, , certainly it will put a hindrance in early disposal of the case. As I have already stated in the present case tort the direction of the Honourable apex Court to dispose of the case expeditiously, hence, in the aforesaid circumstances, the prayer of issuance of summons through court agency cannot be allowed. However, defence is hereby permitted to take Dasti summons against the aforesaid witnesses from the court. With the aforesaid observation the petition of the accused Munna Singh is hereby rejected".