TMI Blog2001 (11) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 to 30 unknown persons. On 27.8.1993 the case was taken up for trial by the 5th Additional Sessions Judge, Gaya in Sessions Trial No.24 of 1993. Charges were framed against the accused persons on 27.8.1993 for the offence punishable under Sections 148, 149, 323, 449 and 302 IPC. After examining two or three formal witnesses, the learned Sessions Judge closed the evidence of prosecution on the ground that APP has not made any prayer either oral or written for adjournment or for examining other witnesses. The prosecution evidence was declared to have been closed and the matter was fixed for recording the statement of accused. Thereafter, the prosecution filed an application for transferring the case from the Court of 5th Addl. Sessions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2000 is on the face of it illegal, erroneous and against the provisions of Cr.P.C. In counter filed by officer-in-charge of Bodh Gaya Police Station, District Gaya, it has been pointed out that the concerned Investigating Officers, at present, are not posted at Bodh Gaya Police Station and even in other police stations within the District of Gaya. He specifically states, it is submitted that he was never served with notice or summon or in no way communicated by the Court of law or any other agency including A.P.P. to bring the witness up to the trial court. He also stated that after perusing the entire relevant record and registers at the office of Bodh Gaya police station, Gaya he has not found any summon or any sort of notice concerni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble/non-bailable warrants as the case may be. It should be well understood that prosecution cannot be frustrated by such methods and victims of the crime cannot be left in lurch. Learned counsel for the respondent-accused however submitted that in this case there is no question of referring to Section 311 Cr.P.C., in view of earlier order dated 1.2.2000 passed by the High Court setting aside the order dated 20.9.1995 passed by the Additional Sessions Judge recalling the order dated 3.9.1994 by which the prosecution evidence was declared to have been closed. This submission is without any substance. Section 311 empowers the Court to summon material witnesses though not summoned as witness and to examine or recall and re-examine if their e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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