DHULLU MAHATO @ DHULLU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioner and Mr. Binod Singh, learned S. C. (L & C) for the respondent.

(2.) In this writ application, the petitioner has prayed for quashing of the order dated 09.06.2016 passed by the learned Sub Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No. 120 of 2013 whereby and where under the learned Sub Divisional Judicial Magistrate, Dhanbad has rejected the application filed by the petitioner under Sec. 311 of the Crimial P.C. for recalling P.W. 9 and P.W. 11 for further cross-examination.

(3.) A First Information Report was instituted on the allegation that on 12.05.2013 an information was received that one Rajesh Gupta who is named accused in Baghmara P. S. Case No. 121 of 2013 is trying to flee away from his hide out. On such information the informant along with other Police personnel surrounded the abode of the accused Rajesh Gupta who on seeing the Police party he tried to flee away but was apprehended. It is also alleged that while the informant was trying to take away the accused in a police jeep his supporters reached the spot and upon ransacking the police vehicle had taken away Rajesh Gupta from police custody.