High Court Patna High Court - Orders

Dhirendra Kumar Jha vs State Of Bihar & Ors on 21 September, 2011

Patna High Court – Orders
Dhirendra Kumar Jha vs State Of Bihar & Ors on 21 September, 2011
                     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
                                            ----------

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.)