IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.279 of 2009
Abdul Wahid @ Jhunna Mian
Versus
The State Of Bihar
----------------------------------
4 2/8/2011 I.A.no. 2036 of 2010 has been filed by the informant, who
is assisting the prosecution in the matter. It is stated therein that out of
Bagha P.S.Cse no. 150 of 2000, which was instituted, inter alia, under
Section 302 of the Indian Penal Code. Separate sessions trials were
conducted and are being conducted in respect of different sets of
accused persons because of their absence from the Court. In one trial
several persons were convicted and their appeals are before this Court
and the records have been called for to this Court. There is yet another
sessions trial being Sessions Trial no. 497 of 2000, which is pending
before the 1st Additional Sessions judge, Bagaha. In that trial the
prosecution has petitioned for calling of Ext.3 and Ext. 11 along with
photograph, as were marked as exhibits in Sessions Trial no. 188 of
2004. It is stated that the trial court is reluctant in summoning the same
from this Court. The order sheet of the trial court has been produced to
show that the prosecution has specifically made this prayer but
unfortunately instead of summoning the documents the trial court is
proceeding to concluded the trial itself, which is greatly prejudiced to
the informant. We are unable to understand the attitude of the trial court
in this regard.
In our view though substantially the prayer of the informant
is correct but it is not in order inasmuch as in view of Section 301
-2-
Cr.P.C., the informant has now been given a right to assist the learned
A.P.P. in our view, the prayer before this Court must be made by A.P.P.
However, considering the circumstances, we direct Mr.
Ashwani Kumar Sinha, learned A.P.P. appearing in the present case to
whom copy of this application has been served to immediately take
instructions from the prosecution in the trial court regarding the same
and inform the court accordingly on the next date. It is expected that the
trial court would not close the prosecution evidence in the meantime, so
that no prejudice is caused to the prosecution.
Put up this case, under the same heading, on 29.8.2011.
Let a copy of this order be sent to the court concerned i.e. 1st
Additional Sessions Judge, Bagaha by FAX at the cost of the informant.
singh (Navaniti Prasad Singh)
(Ashwani Kumar Singh,J.)