Pintu Giri @ Pankaj vs Union Of India
2021 Latest Caselaw 3124 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                           CRMP No. 1162 of 2021

   1. Pintu Giri @ Pankaj S/o Shri Laxman Giri aged about 20 Years R/o
      Village Peyra District Bilaspur Chhattisgarh.
   2. Raju Singh S/o Shri Shvi Prasad Gond aged about 27 Years R/o Village
      Pahrapara, District Bilaspur Chhattisgarh.
   3. Rajpal Gond S/o Shri Ram Singh Gond aged about 35 Years R/o Village
      Khodri, District Bilaspur Chhattisgarh.
   4. Harikesh Shukla S/o Shri Bhagwati Prasad Shukla aged about 32 Years
      R/o Amanaka Raipur, District Raipur Chhattisgarh.
   5. Vinod Raj Chauhan @ Vinod Maratha S/o Shri Punaliya Chauhan aged
      about 39 Years R/o Ramnagar District Kawardha, Chhattisgarh.
   6. Santosh Das Manikpuri S/o Arji Das Manikpuri aged about 29 Years R/o
      Nand Payra District Bilaspur Chhattisgarh.
   7. Surajpuri Goswami @ Lackypuri S/o Shri Chetanpuri aged about 36
      Years R/o Village Pathra District Bilaspur Chhattisgarh.
   8. Radhe @ Radheshyam @ Satyanarayan @ Banti S/o Shri Baleshwar
      Singh aged about 35 Years R/o Village Berla, District Bemetara
      Chhattisgarh.
                                                              ---- Petitioners
                                        Versus
   • Union of India Through RPF Pendra Road, District Gaurela Pendra
     Marwahi Chhattisgarh (Wrongly Mention State of C.G.).
                                                              ---- Respondent

12.11.2021 Mr. Dhirendra Kumar Pandey, Advocate for petitioners.

Mr. R.K. Gupta, Advocate for Respondent.

Issue notice to Respondent.

Mr. R.K. Gupta, learned counsel accepts notice on behalf of

Respondent and seeks time to file reply.

Heard on I.A. No. 01/2021, which is an application for grant of

interim relief/ stay.

Mr. Dhirendra Pandey, learned counsel for petitioner would submit

that the petitioner has filed an application under Section 311 of CrPC for

recalling of witness ie. H.R. Yadav (Investigating Officer) examined by the

prosecution on the ground that after examination and re-examination of

Investigating Officer, other independent witnesses who are crucial to the

investigating proceedings have been examined, petitioner, facing trial,

was therefore deprived of an opportunity to cross-examine the

Investigating Officer in proper manner with respect to conducting the

investigation in a proper manner in view of evidence of witnesses

examined subsequently. He also submits that the petitioner may be

granted only one opportunity and on that to be fixed date the said witness

will be cross-examined without any further delay.

The case is fixed in court below for pronouncement of judgment on

15.11.2021, hence, interim order of not passing final judgment may be

passed.

Mr. R.K. Gupta, learned counsel for Respondent opposes the

submissions made by learned counsel for petitioner and would submit

that witness H.R. Yadav (Investigating Officer) has already been cross-

examined by petitioner at length. No proper reasons have been assigned

for recalling of witness. The case is pending since 2010 and the petitioner

has moved the application under Section 311 of CrPC only to make

further delay in disposal of the case.

I have heard learned counsel for respective parties.

Perusal of order passed by Special Railway Magistrate, Bilaspur

dated 22.09.2021, rejecting application filed under Section 311 of CrPC

would show that after examination and cross-examination of Investigating

Officer H.R. Yadav, some other witnesses have been examined by

prosecution.

Considering the submissions of learned counsel for respective

parties and the rulings of Hon'ble Supreme Court in cases of Natasha

Singh v. CBI (State) reported in 2013 AIR SCW 3554 and Manju Devi v.

State of Rajasthan and another reported in AIR 2019 SC 1976, as an

interim measure, it is directed that learned Special Railway Magistrate,

Bilaspur, Chhattisgarh shall not pass final judgment in criminal case

pending in RP(UP)/139/2010 till the next date of hearing.

List this case for further hearing in week commencing from

29th November 2021.

Sd/-

(Parth Prateem Sahu) Judge

Pawan