Patna High Court
Sujeet Kumar @ Sujit Kumar vs The State Of Bihar on 24 March, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.28 of 2023
Arising Out of PS. Case No.-18 Year-2018 Thana- DHOLBAJJA District- Bhagalpur
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Sujeet Kumar @ Sujit Kumar Son of Shankar Mandal, R/o Village- Naya
Nand Gola, P.S.- Tikapatti, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anshu Kumari D/o Gopish Mandal, R/o Village- Bhagwanpur, P.S.-
Dholbajja, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anshuman Jaipuriyar, Adv.
For the Respondent/s : Mr. Mithlesh Kumar Khare, APP.
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 24-03-2023
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The present Cr. Revision Application has been
filed against the order dated 21.11.2022 passed by learned
Exclusive Special Judge (POCSO)-cum-7 th Additional District
& Sessions Judge, Bhagalpur in Dholbazaa P.S. Case No. 18
of 2018, G.R. No. 1974 of 2018 lodged under Section 493,
376, 498A, 313 of I.P.C. read with Section 4 of POCSO Act.
Learned counsel for the petitioner submits that
his petition under Section 311 of Cr.P.C. filed by the accused
has been rejected. He further submits that the case in which
petitioner is accused is running at the stage of defence witness
Patna High Court CR. REV. No.28 of 2023 dt.24-03-2023
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and examination and statement of accused under Section 313
of Cr.P.C. has been recorded on 16.09.2022. On 21.11.2022
petitioner has filed a petition for his defence and to adduce
three evidence, according to him those evidence are in his
support which was rejected on the ground that examination of
parents of victim and one relative of victim is not necessary
for proper adjudication or for the ends of justice.
Learned counsel for the petitioner submits that
petitioner shall not make any unnecessary delay. He need only
one date on which all the three witnesses may be examined on
one date or three consecutive dates may be given, so that all
the witnesses may be examined on three dates.
The present case is admittedly Sessions Triable
case. The provisions of conducting session trial has been
discussed in Chapter XVIII, Section 233 of Cr.P.C. which
talks about entering upon defence, in which, it has been
discussed that where the accused is not acquitted under
Section 232 of Cr.P.C. then he shall be called upon to enter on
his defence and adduce any evidence he may have in support
thereof. Here in the present case there is no restriction casted
upon the accused persons that who shall be his witness in
defence.
Patna High Court CR. REV. No.28 of 2023 dt.24-03-2023
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It is also made clear under Section 233(3) of
Cr.P.C. that if the accused applies for the issue of any process
for compelling the attendance of any witness then the Judge
shall issue such process unless he considers, for reasons to be
recorded, that such application should be refused on the
ground that is made for the purpose of vexation or delay or for
defeating the ends of justice. Here in the present case no such
finding has come from the Trial Court that refusal of prayer
for issuance of summons to the named accused persons has
been made for the purpose of vexation or delay or for
defeating the ends of justice.
In this view of the matter, the Trial Court is duty
bound to issue the process for adducing any evidence which
the accused may have in support thereof.
In this view of the matter, the order dated
21.11.2022passed by learned Exclusive Special Judge (POCSO)-cum-7th Additional District & Sessions Judge, Bhagalpur in Dholbazaa P.S. Case No. 18 of 2018, G.R. No. 1974 of 2018 is hereby set-aside.
The Trial Court is directed to issue summons to all the three witnesses fixing different dates for different witnesses and if on the said date delay shall be caused by the Patna High Court CR. REV. No.28 of 2023 dt.24-03-2023 4/4 petitioner in any manner, the Trial Court shall proceed.
With this direction, the present Cr. Revision Application stands allowed.
(Dr. Anshuman, J) ritik/-
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