IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43737 of 2010
JITENDRA LAL
Versus
THE STATE OF BIHAR
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3. 23.2.2011 Heard both sides.
If it is true that nine witnesses who were examined
by the prosecution were not supporting the prosecution charges
and on that account they were declared hostile, then this Court
does not appreciate as to why to go on to examine the
Investigating Officer or record the statement of the accused as
there may not be any circumstances appearing from the evidence
requiring any explanation from the accused persons. Likewise,
in a case of the present nature, as was submitted, there may not
be a justification for delivering judgment after hearing
arguments of the parties. The learned trial Judge would please
note that the provision of Section 232 Cr. P.C. has to be taken
resort to for disposing of the case. There is a Standing
Instruction from this Court also that in the case of the witnesses
turning hostile the lower court may not go on to seek production
of official witnesses, like, the Investigating Officer and the
Doctor and should simply shut down the case of prosecution
and proceed to dispose it of. The Court believes that the learned
trial Judge acts accordingly and does not go on with such
meaningless prosecution and disposes of the case with ado.
This petition is disposed of in expectation that the
learned trial Judge disposes of the case as per the Court’s
2
expectation.
Learned counsel for the petitioner is directed to
produce a copy of this order before the trial Judge. Office of this
Court is also directed to transmit this order to the court below.
Kanth ( Dharnidhar Jha, J.)