Patna High CourtCR. MISC./9430/2021dismissed

Sanjay Kumar Verma v. The State Of Bihar

2023-09-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9430 of 2021 Arising Out of PS. Case No.-246 Year-2008 Thana- JAHANABAD District- Jehanabad ====================================================== SANJAY KUMAR VERMA S/o Late Sonu Lal Verma R/o Mohalla- Bari Sangat, P.O.- Jehanabad, P.S.- Jehanabad, District- Jehanabad, Bihar. ... ... Petitioner/s

Versus

The State of Bihar 2.

Baleshwar Prasad S/o Late Ram Kisun Sao R/o Village- Hisua Bazaar, P.O.- Hisua, P.S.- Hisua, District- Nawada, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Krishna Gupta Mr.Madan Mohan Prasad For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2023 Heard the learned counsel for the petitioner as well as the learned APP for the State.

This application has been preferred under Section 482 of the CrPC for setting aside the order dated 23.12.2019 passed in ST No. 470 of 2008 (27/2017) arising out of Jehanabad P.S. Case No. 246 of 2008 (G.R. No. 1468 of 2008). The petitioner is an accused of committing dowry death of his wife. Admittedly, two children of the deceased were examined during the trial in the year 2020 and after a lapse of four years of their examination, the petitioner filed a petition to recall these witnesses, which was rejected by the learned trial court by the impugned order dated 23.12.2019.

Patna High Court CR. MISC. No.9430 of 2021(2) dt.12-09-2023 2/2 The learned trial court has mentioned that the witnesses were already cross-examined by the petitioner at great length and they were not required to be recalled. The learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court, reported in 1969 (0) AIJEL-SC 17829, Mohd. Husain Umar Kochra v. K.S. Dalipsinghji and has submitted that in paragraph no. 19 of the said judgment, the Hon.ble Supreme Court has held that if the court is satisfied then in the interest of justice, the witnesses should be recalled.

In my view, the learned court below has given cogent reason for not recalling these witnesses.

Accordingly, this criminal miscellaneous petition is dismissed.

(Nawneet Kumar Pandey, J) kundan/nirmal U T