Dismissed

Sanjay Sharma and Ors. v. State Of Bihar and Anr.

Patna HC7 Sept 2018CR. MISC./1032/2016

Case brief

AI extract

What is this about?

The Patna High Court dismissed a review petition challenging the rejection of an application under Section 311 Cr.P.C. to recall a discharged witness for further cross-examination. The Court held that trial cannot proceed at the whim of the Informant to fill lacunae in the prosecution case after the witness had been fully cross-examined and discharged.

What did the court decide?

Petition under Section 311 Cr.P.C. to recall PW 1 for further cross-examination dismissed; case to proceed in accordance with law.

Sanjay Sharma and Ors. Vs State Of Bihar and Anr. — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.1032 of 2016

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Arising Out of PS.Case No. -56 Year- 2006 Thana -RAFIGANJ District- AURANGABAD

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Sanjay Sharma, s/o Late Chanarik Sharma,

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Suresh Sharma, s/o Late Chanarik Sharma,

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Shobha Devi, w/o Suresh Sharma, all R/o village- Kajichak, P.S.- Rafiganj, District - Aurangabad (Bihar).

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Radhe Shyam Sharma, s/o Sri Sukhdeo Sharma, resident of village + P.O. Gaini, P.S. - Khudwan, District - Aurangabad (Bihar).

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.... .... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 07-09-2018

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Petitioners are aggrieved by order dated 05.11.2015

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passed by the Additional Sessions Judge, VI, Aurangabad, in Sessions Trial No.419 of 2015 by which petition filed by the Petitioners under Section 311 Cr. P.C. to recall PW 1 for further cross-examination has been rejected.

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Heard the parties.

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This Court finds that the Court below has rejected the

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petition filed by the Petitioners under Section 311 Cr. P.C. by the impugned order on the ground that there is no provision in the Evidence Act for further cross-examination unless either reexamination-in-chief is done by the prosecution or some new fact comes after discharge of the witness. The Court below has

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Patna High Court Cr.Misc. No.1032 of 2016 dt.07-09-2018

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2/2

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mentioned in the impugned order that PW 1, Rahdey Shyam Sharma, was cross-examined fully by the defence and he was discharged.

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Counsel for the Petitioners refers to Anneuxre-3, which is the petition filed by the Informant after his evidence as PW 1. Thereafter, petition under Section 311 Cr. P.C. was filed to recall PW 1 for further cross-examination.

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This Court is of the view that trial in the Court cannot proceed at the whims and desire of the Informant. The Informant has filed petition after he was examined, cross-examined and discharged. It is not permissible in law for Informant to file any subsequent petition to fill lacunae either to improve or demolish the prosecution case.

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In view of such, this Court does not find any illegality in the impugned order.

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This application is, accordingly, dismissed .

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The Court below will proceed with the case in accordance with law.

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(Sanjay Priya, J)

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J.Alam/-

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AFR/NAFR	AFR
CAV DATE	N/A
UploadingDate	15-09-2018
Transmission Date	15-09-2018

Sanjay Sharma and Ors. v. State Of Bihar and Anr.

Case brief

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Sanjay Sharma and Ors. v. State Of Bihar and Anr.

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