Pappu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2480 of 2022 Arising Out of PS. Case No.-12 Year-2015 Thana- PAKARIBARAW District- Nawada ====================================================== PAPPU CHAUHAN Son of Devi Chauhan Resident of Village - Baliari, Police Station - Pakribarawan, District - Nawadah. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Upendra Chauhan Son of Shiv Chauhan Resident of Village - Jafarpur Tola, Baliari, Police Station - Pakribarawan, District - Nawadah. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party No. 2.

2. By the impugned order dated 06.04.2021 passed in S. Tr. No. 273 of 2016 arising out of Pakribarawan P.S. Case No. 12 of 2015, the application under Section 311 Cr. P.C. has been rejected by the Court below.

3. Learned counsel for the petitioner submits that his lawyer could not reach to cross-examine the P.W.-1.

4. Learned counsel for the opposite party No. 2 submits that all together six witnesses have been examined and this application has been filed after a great delay.

Patna High Court CR. MISC. No.2480 of 2022(4) dt.27-03-2025 2/2

5. I have considered the submission of the parties.

6. From the deposition of P.W.-1, it appears that the lawyer of the petitioner did not cross-examine the P.W.-1.

7. In the interest of justice, this application is allowed.

8. The P.W.-1 is allowed to be cross-examined by the petitioner's counsel within one month from today.

9. The certified copy of the deposition of P.W.-1 is taken on record.

(Sandeep Kumar, J) Saif/- U T