SUNIL KUMAR DHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction under Article 226 of the Constitution of India with the prayer for issuance of an appropriate writ for quashing the order impugned dated 2.7.2007 passed by the and Additional Sessions Judge, Singhbhum West at Chaibasa in S.T. No.211 of 2003 whereby the petition filed under Section 311 of Cr. PC. on behalf of the complainant was allowed permitting the complainant -respondent no.2 to adduce evidence.

(2.) THE brief fact of the case as contained in Complaint Case No. 46 of 2002 was that the Respondent No. 2 -complainant had filed the Complaint Case in the Court of CJM, Chaibasa against the petitioner and four others who were admittedly his full brothers, sister and nephews residing in a common house with the allegation of assault and attempt to commit murder in furtherance of their common intention and accordingly, charge under sections 323/379/341/427/307 read with Section 149 of the Indian Penal Code was framed after due enquiry on commitment by the Court of and Additional Sessions Judge and the petitioner alongwith others were put on trial.

(3.) THE Trial Judge by impugned order dated 2.7.2007 observed that on the petition preferred on behalf of the opposite party No.2 under Section 311 of Cr. P.C. Sri U.S. Vidyarthi, Addl. Public Prosecutor appeared and submitted that the petition under Section 311 Cr. P.C. was not filed through him in contravention of Section 311 of Cr. P.C. and therefore, he had nothing to say on it but at the same time he had no objection, if time was granted. After hearing the parties the learned and addl.