(1.) HEARD the learned counsel for the petitioner and learned counsel for the opposite party.
(2.) THE instant revision application is directed against the order dated 22.6.2007 passed by the Additional Sessions Judge, F.T.C. -Vth, Dhanbad in S.T. Case No. 76/1999 arising out of Dhanbad (Bank More) P.S. Case No. 382/1994 corresponding to G.A. Case No. 2489/1994 whereby the court below has refused to examine the informant and one independent witness u/s 311 of the Cr.P.C.
(3.) LEARNED counsel for the opposite party has submitted that earlier on 17.11.2005 last chance was given to the prosecution and the case was posted on 22.11.2005 for evidence and statement u/s 313 Cr.P.C. where .upon the informant appeared on 22.1.2005 through private counsel and filed attendance of one witness who was examined and discharge P.W. 2 Dr. Kailash Prasad was examined and discharged on 17.12.2005, but the informant did not examine himself. The case was closed on 16.4.2007, since the informant and other witnesses were not brought even after the case was started, evidence were stated at the instance of the informant. Again after more than one year when the case was fixed for evidence and statement u/s 313 Cr.P .C. a petition u/s 311 Cr.P.C. was filed by the prosecution which the court found that it is only a delaying tactics on the part of the prosecution.