NISHI KANT PANDEY SON OF SHYAM KISHORE PANDEY RESIDENT OF AT BARAMASIA, PO DHANBAD, PS DHANSAR, DISTRICT DHANBAD (JHARKHAND) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pratiush Lala, learned counsel for the petitioner and Mr. Sudhir Kumar Roy, learned A.P.P. for the State.

(2.) In this application, the petitioner has challenged the order dated 28.05.2016 passed by the Additional Sessions Judge VII, Dhanbad in connection with S.T. Case No. 550 of 2013 corresponding to G.R. No. 2177 of 2013 whereby and where under the applications filed by the prosecution on 25.04.2016 and 04.05.2016 under Sec. 311 of Crimial P.C. have been allowed.

(3.) It has been submitted that the petitioner is in custody since 24.06.2013 and in fact after the examination of the witnesses, the defence has argued its case on 3 dates and only on the verge of conclusion of the trial, applications without any reasons were filed for examination of Investigating Officer - Anil Kumar Singh and one A.S.I.-N.K. Jha under Sec. 311 of Crimial P.C. Learned counsel submits that Mr. N.K. Jha who is said to have recorded the dying declaration of the deceased was neither examined under Sec. 161 of Crimial P.C. nor is he charge-sheeted witness. It is stated that at the belated stage, such applications are filed by the prosecution to fill up the lacunae as the petitioner has already disclosed his defence. In such circumstances, prayer has been made that the impugned order dated 28.05.2016 be quashed and set aside.