Chattisgarh High Court
Rohit Kumar @ Laluwa vs State Of Chhattisgarh on 15 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1857 of 2022
Rohit Kumar @ Laluwa, S/o Daou Ram Yadav, Aged About 22
Years, R/o Village Chilhati, Dhanuharpara, Police Station
Sarkanda, Bilaspur, District Bilaspur (Chhattisgarh).
---- Petitioner
Versus
1. State of Chhattisgarh through Police Station Sarkanda, District
Bilaspur (Chhattisgarh).
2. Dhaniram Yadav S/o Somaru Ram Yadav, Aged About 42
Years, R/o Chilhati, Dhanuharpara, P.S. Sarkanda, District
Bilaspur (Chhattisgarh) through Sub-Inspector H.R. Yadu, Police
Station Sarkanda, District Bilaspur (Chhattisgarh).
---- Respondents
For Petitioner : Mr. Arvind Shrivastava, Advocate For State/respondent No.1 : Ms. Seema Dixit, P.L. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 15/11/2022
1) Heard on admission.
2) Admit.
3) With the consent of the parties, the case is heard finally.
4) This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') challenging the order dated 14.10.2022 passed by 8th Additional Sessions Judge, Bilaspur (C.G.) in Sessions Case No.117 of 2021 whereby learned 8th Additional Sessions Judge allowed the 2 application filed by the prosecution under Section 216 of the Cr.P.C. and given an opportunity to the prosecution to re- examine the witnesses, who were already examined.
5) Brief facts relevant for disposal of this petition are that, petitioner along with other accused persons tried by the Court of Sessions Judge, Bilaspur for the offence punishable under Sections 302 and 307 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC'). After completion of evidence of prosecution witnesses, case was fixed for final hearing. By an order dated 14.06.2022, the application under Section 311 of the Cr.P.C. filed by the prosecution was allowed and the charge has been altered.
6) Mr. Arvind Shrivastava, learned counsel for the petitioner submits that accused has denied the amended charge, which was read over to him on 14.10.2022. Trial Court has again fixed the case for prosecution evidence, in which, it has provided an opportunity to the prosecution for re-examination of the witnesses, which they want to re-examine. It is contended by him that prosecution has not provided any list of witnesses, whom they want to re-examine.
7) Per contra, Ms. Seema Dixit, learned Penal Lawyer representing the State submits that she will file list of witnesses, whom they want to re-examine.
8) I have heard learned counsel for the respective parties and perused the documents available in the petition. 3
9) A perusal of the record would show that on 13.10.2022, case was fixed for final argument. After hearing both the parties, learned trial Court allowed the application under Section 216 of the Cr.P.C. filed by the prosecution and case was fixed on 14.10.2022 for framing the amended charge. On 14.10.2022, after framing of amended charge, opportunity was given to the prosecution to re-examine the witnesses, who were already examined.
10) Before adverting to the submissions made by learned counsel for the parties, it is expedient to examine Section 217 of the Cr.P.C. which is extracted below :-
"217. Recall of witnesses when charge altered.-Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed-
(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
(b) also to call any further witness whom the Court may think to be material."
11) Reading of Section 217 of Cr.P.C. would show that whenever a charge is altered or added by the Court after commencement of the trial, the prosecution shall be allowed to recall or re-examine such witnesses. It further provides that the accused has equal 4 opportunity to re-examine, if it is necessary for ends of justice.
12) In the instant case, prosecution has not provided any list of witnesses, whom they want to re-examine after alteration of charge.
13) In that view of the matter, it is directed that in terms of provisions contained in Section 217 of the Cr.P.C., the prosecution has to produce list of witnesses, whom they want to re-examine before the trial Court and the trial Court may expedite the trial of Sessions Case No.117 of 2021 in accordance with law.
14) With the above observation / direction, petition stands disposed off.
Sd/-
(Radhakishan Agrawal) Judge Yogesh