GAJO PRASAD MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under sections 397 and 401 of the Code of Criminal Procedure(in short "the Code"), the sole petitioner, Gaju Prasad Mehta has questioned the legality of the order dated 04.05.2016 passed by Special Judge, C.B.I., Ranchi in R.C.Case no.18(A) of 2009(R), whereby and where under petition filed by the petitioner to direct the prosecution to produce the witnesses has been rejected.

(2.) Bereft of unnecessary details, the fact which is necessary for proper adjudication of the issue involved in this revision application, in short, is that after examination of prosecution and defence witnesses, the accused-petitioner, Gajo Prasad Mehta filed a petition on 11.04.2016 under section 311 of the Code for recall and cross-examination of the three prosecution witnesses, namely, Ram Narayan Singh (P.W.9) R.K. Prasad (P.W.11) and Dilip Lahoti (P.W.2) for their further cross-examination. After hearing both the parties, the aforesaid petition was allowed by order dated 11.04.2016 and the defence was directed to deposit a sum of Rs.25,000/- in advance and get received Dasti Summon and produce witnesses on 20.04.2016.

(3.) In compliance of the said direction, the defence deposited the amount of Rs.25,000/- on 25.04.2016, but he refused to accept Dasti Summon as it was the duty of the prosecution to produce their witnesses. Thereafter, the case was fixed on 02.5.2016. On 04.05.2016, a petition was again filed on behalf of the petitioner to direct the prosecution to produce the above said witnesses in court for their cross-examination on the ground that it was not possible for him to receive the Dasti Summon and that as directed he has deposited the cost for the same. But the said petition was rejected by order impugned, as indicated above. Hence, this revision petition.