Nakul Manjhi And Ors. vs State And Anr. on 22 April, 2002

Jharkhand High Court
Nakul Manjhi And Ors. vs State And Anr. on 22 April, 2002
Author: D Prasad
Bench: D Prasad


D.N. Prasad, J.

1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 20.12.2000, passed by Judicial Magistrate, Dhanbad in C.P. No. 1294/1998, whereby the learned Magistrate allowed the petition of the complainant for adducing a fresh witness, namely, Sanatan Manjhi as well as the order dated 11.9.2001 by which the learned Magistrate ordered to examine a fresh witness.

2. The learned counsel appearing on behalf of the petitioner submitted that the Court below has committed an error in passing the order dated 11.9.2001 in giving the complainant an opportunity to produce fresh witness after the cross-examination of lady witness, namely, Dulari Manjhian.

However, the counsel for the petitioner concedes in course of argument that there is no grievance about cross-examination of the said witness, who have already been examined before charge.

3. From going through the order dated 20.12.2000, apparently, there was no such order passed for examining any fresh witness rather cross-examination of Dulari Manjhian was allowed because she was examined already before charge and as regards to the examination of Sanatan Manjhi, it was ordered to be considered. As regards the order dated 11.9.2001, apparently, the accused persons are trying to delay in disposal of the case and not trying to cross-examine Dulari Manjhian inspite of the order passed specifically on 20.12-2000.

4. It is true that the question of examination or cross examination of fresh witness arises only when the witnesses already examined before charge and cross-examination of the same is over and about the examination of fresh witness, that matter will be considered after hearing both sides by the Court below. The petitioners are directed to cross-examine Dulari Manjhian as per order dated 20.12.2000. The Court below is also directed to get the case disposed of by taking affective steps.

5. With this observation, the application is dismissed.

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