SHAILESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this application has prayed for quashing the order dated 28.6.2006 passed by the Additional Sessions Judge, FTC II, Bermo at Tenughat in S.T. No. 58 of 1998 whereby the petition filed under section 311 Cr.P.C. on behalf of the prosecution for examining certain witnesses was allowed.

(2.) THE petitioner had objected to the prayer made by the prosecution on the ground that the prayer is not maintainable, since sufficient opportunity was already availed by the prosecution for adducing evidence and the prosecution evidence were closed and therefore the prayer of the prosecution to permit it to examine further witnesses would amount to filling up lacunae.

(3.) LEARNED counsel for the State seeks to justify the impugned order of the court below by contending that the order indicates that power under section 311 Cr.P.C. was invoked by the trial court for the purpose of just decision of the case.