Xxxx v. the State of Jharkhand
Case brief
What is this about?
Section 528 BNSS 2023 quashing petition dismissed at admission; Section 311 Cr.P.C. recall of examined/cross-examined/discharged informant-cum-victim refused; recall ground held not tenable, would destroy prosecution case; order dated 29.8.2024 of Additional Sessions Judge-II, Koderma in Sessions Trial No. 66 of 2022 not set aside; petitioner previously heard as PW-1; opposite party Musaffar Ansari (Domchanch, Koderma); counsel A.K.Sahani for petitioner, P.D.Agrawal Spl.P.P. for State; coram Pradeep Kumar Srivastava, J.; decision date 13.02.2025; High Court of Jharkhand at Ranchi; witness recall, lacuna-filling objection raised by APP in argument (not adopted as holding beyond dismissal); no monetary relief.
What did the court decide?
The ground advanced by the petitioner-victim for her recall and further examination is not tenable in law and would have the effect of destruction of the prosecution case.