IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14266 of 2008
DHIRENDRA KUMAR JHA
Versus
STATE OF BIHAR & ORS
------------
03. 13.01.2011 Petitioner has challenged the order 06.08.2007
passed by learned Additional Sessions Judge, F.T.C. V,
Begusarai in Sessions Trial No. 311-A of 1993, whereby
the petitioner’s prayer for cross examination of P.W. 2
has been rejected.
It appears from the impugned order that P.W. 2
was examined on 20th of February, 2002 and after that
the matter was adjourned several times and the specific
direction was given for production for cross examination
of P.W. 2 on 27.07.2007, 30.07.2007, 06.08.2007.
A supplementary affidavit has been filed to the
effect that defence evidence has been closed on
13.12.2010 and the matter has been fixed for argument
on 17.01.2011.
It is submitted by learned counsel for the
petitioner that without cross examination of P.W. 2, the
evidence of P.W. 2 has no value.
Issue notice to O.P. Nos. 2 to 4 by registered post
as well as ordinary process, for which requisites etc must
be filed by 14.01.2011, failing which this application
shall stand rejected without further reference to a Bench.
-2-
Let Dasti copy of the notice also be served by
learned counsel for the petitioner on the learned counsel
for O.P. Nos. 2 to 4 before the learned Court below by
17.01.2011, failing which this application shall stand
rejected without further reference to a Bench.
Let O.P. Nos. 2 to 4 appear before this Court
through their lawyers by 24th of January, 2011.
Put up this case on 27th of January, 2011,
retaining its position.
In the meantime, further proceeding of Sessions
Trial No. 311-A of 1993, pending in the Court of
Additional Sessions Judge, F.T.C. V, Begusarai, be
stayed.
Shageer (Dinesh Kumar Singh, J)