Kamta Prasad Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.670 of 2015 Kamta Prasad Sahu, S/o Shri Nirbhay Ram Sahu, aged about 55 years, R/o Behind Kalee Mandir Bastar Road Soride Nagar, P.S. District Dhamtari (C.G.).

---- Applicant

Versus

State of Chhattisgarh, through A.C.B. Office Raipur. ---- Non-applicant For Applicant :

Shri Vivek Sharma, Advocate.

For Non-applicant :

Shri Anant Bajpai, Panel Lawyer for the State. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/09/2015 (1) Heard on I.A.No.01/2015, application for condonation of delay in filing the criminal revision.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the criminal revision and, therefore, I.A.No.01/2015 is allowed. The delay is condoned.

(3) Heard on admission.

(4) By the impugned order dated 16.04.2015, the applicant's application filed under Section 311 of Cr.P.C. read with 19 of the

provisions of the Corruption Act, 1988 has been rejected by the Special Judge (P.C.Act), District Dhamtari finding that Shri Arun Kumar Mishra, who has proved that the sanction order has already been examined on 16.09.2011 and there is no ground for re-examination of the said witness.

(5) After hearing learned counsel appearing for the applicant I do not find any jurisdictional error in the impugned order to recall the said witness after the period of four weeks.

(6) The revision deserves to be and is accordingly dismissed. Sd/- (Sanjay K. Agrawal) Judge L/-