Jharkhand High Court
Amit Kumar Roy vs The State Of Jharkhand on 14 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.34 of 2023
....
Amit Kumar Roy, aged about 34 years, S/o Sadanand Roy
Resident of Vill:-Nutandih Motinagar Sindhr, P.O. & P.S.:-
Sindhri, Dist:- Dhanbad
......Petitioner
Versus
1. The State of Jharkhand
2. Sonal Anand, D/o Sri Anand Mohan, R/O Archana Niwas, ETC
Ground, West End Park, P.O. Hehal, P.S. Sukhdeonagar
(O.P. Pandra), Dist:- Ranchi
......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Vishal Kr. Binay, Advocate
For the State : Mr. Sardhu Mahto, A.P.P
For the O.P. No.2 : Mr. Bibhash Sinha, Advocate
......
ORAL ORDER IN COURT
Order No.05/14.02.2025
This Criminal Revision Application has been filed on
behalf of the petitioner challenging the order dated 08.08.2022
passed in G.R. Case No.1141 of 2014, Kotwali P.S. Case No.189
of 2014 by Sri Aishwarya Srivastava, Judicial Magistrate 1st Class
XVI, Ranchi by which the petition filed by the petitioner under
Section 311 of Cr.P.C for recalling the evidence of the
Informant - O.P. No.2 has been hereby rejected.
2. Learned counsel for the petitioner at the outset submitted
that the case has been compromised between the petitioner and the
Opposite party No.2. It is further submitted that one-time
settlement has been made between the petitioner and the Opposite
Party No.2 for an amount of Rs.8,00,000/- (Rs. Eight Lakh)
towards permanent alimony and the said amount has also been
paid to the Opposite Party No.2 by the petitioner. It is submitted
that divorce has already been taken place by way of mutual
consent under Section 13-B of Hindu Marriage Act vide judgment
and decree dated 31.03.2023 and 13.04.2023 respectively passed
by the learned Additional Family Court, Ranchi. Hence in the
interest of justice, impugned order dated 08.08.2022 passed by the
learned Court below may be set aside and the petitioner may be
permitted to examine the Opposite Party No.2 on recall.
3. Photo Copies of certified copy of the Judgment and
Decree dated 31st March 2023 and 13th April 2023 respectively
passed in Original Suit (M.T.S) No.259 of 2022 by Mrs. Sanjeeta
Srivastava, Addl. Principal Judge, Addl. Family Court-I, Ranchi
have been produced by the learned counsel for the petitioner
during argument of this case, let it be kept on record.
4. Learned counsel for the State raised no objection.
5. Learned counsel for the Opposite party No.2
(i.e. the Informant) raised no objection. It is further submitted that
he has no objection if the petitioner is allowed to examine the
informant/Opposite Party No.2.
6. It is submitted that the Opposite Party No.2 has received
Rs.8,00,000/- (Rs.Eight Lakh) by way of one time settlement
towards permanent alimony.
7. At this stage, it is relevant to refer Section 311 Cr.P.C
which reads as follows:-
"Section-311:- Power to summon material witness, or
examine person present.-
Any Court may, at any stage of any inquiry, trial or other
proceeding under this Code, summon any person as a
witness, or examine any person in attendance, though not
summoned as a witness, or recall and re-examine any
person already examined; and the Court shall summon
and examine or recall and re-examine any such person if
his evidence appears to it to be essential to the just
decision of the case."
8. Although, the first part of the provision of Section 311
Cr.P.C convers discretion to the learned Court below to summon
and examine any witness at any stage of trial but the second part
of the provision under Section 311 of Cr.P.C mandates the Court
to summon and examine or recall and re-examine any such
person if his evidence appears to it to be essential to the just
decision of the case. Thus, said part of Section 311 of Cr.P.C is
mandatory in nature.
9. With the consent of both the sides and considering the
facts and circumstances of this case that this is a case of
matrimonial dispute and the divorce has already been effected
between the petitioner and the Opposite Party No.2 vide
judgement dated 31st March 2023 and decree dated 13.04.2023 in
Original Suit (M.T.S) No.259 of 2022 by Mrs. Sanjeeta
Srivastava, Additional Principal Judge, Addl. Family Court-I,
Ranchi and also considering the fact that the petitioner has paid
Rs.8,00,000/- (Rs. Eight Lakhs) to the Informant - Opp. Party
No.2 by way of one time settlement the impugned order dated
08.08.2022 passed in G.R. Case No.1141 of 2014 Kotwali P.S.
No.189 of 2014 is set aside.
The learned Court below i.e. the Court of Sri Aishwarya
Srivastava, Judicial Magistrate, 1st Calss XVI, Ranchi or his
Successor Court is directed to permit the petitioner to
cross-examine the O.P. No.2 on the point of compromise on recall
and for any other aspects and permit the parties to file the
necessary documents.
10. Thus, this Criminal Revision Application No.34 of 2023
is allowed in terms of compromise.
11. The learned Court below is directed to permit the
petitioner to examine the Opposite party No.2 on recall for her
further cross-examination on the next date fixed in this case.
12. Let a copy of this order be sent to the learned Court below
at once by the Office by FAX.
(Sanjay Prasad, J.)
Nishant/-
N.A.F.R
