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Judgment
4 paragraphs · 219 wordsI.P. Singh, J.—This application has been filed for quashing the order dated 25.3.2004 passed by the learned 4th Addl. Sessions Judge, Bhagalpur in S.T. No. 37/1996, Tr. No. 360 of 2003 by which the learned trial court has rejected the petition dated 23.2.2004 filed on behalf of the prosecution u/s 311 of the Code of Criminal Procedure. Learned counsel for the petitioner has submitted that the informant of this case is a material witness and he should have been examined, but the court below has not given an opportunity although he was present in court.
In this case lower court records were called for which has been received.
Perused the lower court records.
It is true that an application u/s 311 of the Code of Criminal Procedure was filed after closing of the prosecution witnesses. However, it appears that the petitioner is the informant of this case and willing to depose before the court below. Since he is a material witness he should be examined to arrive at the just decision of the case. Accordingly, the court below is directed to examine the informant within a period of one month from the date of receipt/production of a copy of this order. No further time will be allowed. With the aforesaid direction this application is disposed of.