KRISHNA KUMAR KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Lukesh Kumar, learned counsel for the petitioner and Ms. Laxmi Murmu, learned A.P.P. for the State.

(2.) This revision application is directed against the order dated 29.06.2017 passed by the learned Additional Sessions Judge-XI, Dhanbad in connection with Sessions Trial No. 612/2012, arising out of Dhanbad (Bank More) P.S. Case No. 714/2008, corresponding to G.R. Case No. 3113/2008, whereby and whereunder the application preferred by the petitioner for examining Ram Krishna Thakur, the Fire Officer had been rejected.

(3.) A perusal of the impugned order dated 29.06.2017 reveals that the case involved two Investigating Officers and the first Investigating Officer who has been examined as P.W.8 has proved the factum of seizure of some materials which were burnt which prove that an incident of burning had taken place. On such consideration therefore the requirement of examining the Fire Officer had not arisen which led to rejection of the application preferred by the petitioner on 29.06.2017. However, perusal of the entire order dated 29.06.2017 reveals further that the second Investigating Officer of the case was not examined in spite of the best efforts made by the learned trial court and since the case was instituted in the year 2008 the evidence of the prosecution was closed.