IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14266 of 2008
Dhirendra Kumar Jha
Versus
1. State Of Bihar
2. Ram Kripal Rai
3. Jeetan Jha
4. Bateshwar Jha
---------------------- Opposite Parties
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6 21-9-2011 Heard learned counsel for the parties.
Petitioner has challenged the order
dated 6.8.2007 passed by Additional Sessions
Judge, F.T.C. V, Begusarai in S.Tr.No. 311-A of
1993 whereby petitioner’s prayer for cross
examination of P.W.2 has been rejected.
Time for production of P.W.1 for cross
examination is refused. Submission is that he
was out of village in connection with
livelihood, so he could not be produced. Same
prayer was made before the trial court and it
appears that the trial court is thorough on the
point that charges were framed in the case on
19.1.2000. P.W.1 Sadanand Rai was examined on
7.9.2000 which concluded on 5.6.2000 after a
long gap. P.W.2 Naresh Rai was produced in
Court. His cross-examination was deferred as it
was told by him that he was not feeling well.
32 dates were given for examination of
aforesaid witness but he never turned up.
2
During that period a petition was filed on
behalf of defence also to expunge the evidence
of P.W.2 Naresh Rai as he was not turning for
cross-examination as it appears from the
impugned order.
It is not denied by any of the parties
that specific direction was given to proceed
with the case day to day with further
specification to produce the witness on
27.7.2007, again to 30.7.2007 and again to
6.8.2007 and in that circumstance, further time
any more to produce the said witness, in my
opinion also, has rightly been refused by the
trial court.
Finding no illegality in the impugned
order dated 6.8.2007, this petition is
dismissed.
AI ( Mandhata Singh, J.)