Patna High Court
Geeta Mishra @ Geeta Prasad Mishra vs The State Of Bihar on 25 January, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4409 of 2023
Arising Out of PS. Case No.-5 Year-2012 Thana- SC/ST District- Buxar
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1. Geeta Mishra @ Geeta Prasad Mishra Son of Late Bikramaditya Mishra
2. Sharda Devi, Wife of Geeta Mishra @ Geeta Prasad Mishra
3. Arun Kumar Mishra, Son of Geeta Mishra @ Geeta Prasad Mishra
All Resident of Village-Khilafatpur, P.S.-Buxar (M), District-Buxar.
... ... Appellant
Versus
1. The State of Bihar
2. Kailash Ram, Son of Late Ram Bilash Ram, Resident of Village-Khilafatpur,
P.S.-Buxar (M), District-Buxar.
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Binod Kumar Singh, Advocate
Mrs. Alka Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 25-01-2024
At the outset, it is submitted by learned Spl.P.P. that
information in terms of order dated 14.12.2023 has already
given but, despite of the same, the informant fails to join the
present court proceedings.
2. The present appeal has been filed by the
appellants for setting aside the order dated 26.06.2023 passed by
learned Additional Sessions Judge-1-cum-Special Judge, SC/ST
(POA) Act and Children Court, Buxar in SC/ST Case No.15 of
2014 whereby the trial court has rejected the petition filed under
Section 311 of the Code of Criminal Procedure (for short
Patna High Court CR. APP (SJ) No.4409 of 2023 dt.25-01-2024
'CrPC') to recall PW-5, namely, Kailash Ram for further
examination.
3. It would be apposite to reproduce the provision
prescribed under Section 311 of the CrPC as under:-
"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 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".
4. It appears from the perusal of the impugned
order that the petition as aforesaid to recall PW-5 was dismissed
by learned trial court on the ground that PW-5 (informant) has
already examined in the year 2017, where the compromise
petition was filed after six years. It further appears from the
perusal of said order that on the point of compromise
informant/PW-5 has already examined, where he specifically
stated that his signature on compromise petition was taken
fraudulently.
5. It is well settled that power to summon any
person as a witness or examine any person in attendance, though
Patna High Court CR. APP (SJ) No.4409 of 2023 dt.25-01-2024
not summoned as a witness, or recall any person under Section
311 of the CrPC must be exercised judiciously with caution and
for valid and strong reasons, as it was held in the matter of
Ratan Lal & Ors. vs. Prahlad Zakir Khan & Ors. as reported
in AIR 2017 SC 5006.
6. In view of above, I find that there is no
infirmity in the order dated 26.06.2023 passed by learned
Additional Sessions Judge-1-cum-Special Judge, SC/ST (POA)
Act and Children Court, Buxar.
7. Accordingly, the present appeal is hereby
dismissed.
8. However, if any party entered into any
compromise to compound the offence, the same be taken note
by learned trial court in accordance with law.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.01.2024
Transmission Date 25.01.2024
