Dismissed

Sanjay Sharma @ Sanjay Kumar Sharma v. State Of Bihar and Anr.

Patna HC2 May 2014CR. MISC./15972/2013

Case brief

AI extract

What is this about?

Petitioner challenged an order allowing examination of an injured player as prosecution witness under Section 311 CrPC. The High Court found sufficient reason assigned by the trial court and dismissed the criminal miscellaneous application.

What did the court decide?

Application under Section 482 CrPC dismissed; impugned order upholding witness examination.

Sanjay Sharma @ Sanjay Kumar Sharma Vs State Of… — Criminal Trial and Appeal | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.15972 of 2013

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====================================================== Sanjay Sharma @ Sanjay Kumar Sharma, son of Late Tarni Sharma, resident of village-Charaun, P.S.-Munger Muffasil, District-Munger. .... .... Petitioner Versus 1. The State of Bihar 2. Sunita Devi, wife of Awadh Narayan Sharma, resident of villageCharaun, P.S.-Munger Muffasil, District-Munger. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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02-05-2014 Heard learned counsel for the petitioner and learned counsel for the State.

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The present application under Section 482 of the Code of Criminal Procedure has been filed against the order dated 12^th March, 2013 passed by the learned Ad hoc Additional District & Sessions Judge-III, Munger in Sessions Trial No. 561 of 2011 arising out of Munger Muffasil P.S. Case No.63 of 2008.

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By the aforesaid order, the trial court has allowed the prayer of the injured victim of the case, namely, Rajesh Kumar @ Rakesh Kumar to be examined as prosecution witness in the case.

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Patna High Court Cr.Misc. No.15972 of 2013 (2) dt.02-05-2014

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Apparently, the aforesaid order has been passed by the court below in exercise of powers conferred under Section 311 of the Code of Criminal Procedure as well as Section 165 of the Evidence Act. Section 311 of the Code of Criminal Procedure invests the court with wide discretion to summon any person as a witness or examine any person in attendance though not summoned as witness, or recall and re-examine any person already examined, if his evidence appears to be essential to the just decision of the case. The power so vested in the court is exclusive power of the Court. I find from the impugned order the sufficient reason has been assigned by the court below for examining the aforesaid injured witness.

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In that view of the matter, I find no illegality in the impugned order. Accordingly, the application is dismissed.

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(Ashwani Kumar Singh, J)

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Sanjeet/-

Sanjay Sharma @ Sanjay Kumar Sharma v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Sharma @ Sanjay Kumar Sharma v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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