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Judgment
Heard learned counsel for the petitioner and the learned counsel appearing for the State through Video Conferencing. The lawyers have no objection
with regard to the proceeding which has been held through video conferencing today at 11.00 a.m.. They have no complain with respect to the audio
and video clarity and quality.
Petitioner has challenged the order dated 15.02.2020 passed by the Additional Sessions Judge VII, Giridih in Sessions Trial No.248 of 2018, by which
the petition filed by the petitioner under Section 311 of the Code of Criminal Procedure has been rejected.
Learned counsel for the petitioner submits that some important questions were left out to be put to the informant, which necessitated filing of the
petition under Section 311 of the Code of Criminal Procedure. He submits that the Court below has in a very mechanical manner rejected the petition
filed by the petitioner.
After hearing the parties, I have gone through the records and the impugned order. This is a case involving offence under Section 304 B of the Indian
Penal Code. Petitioner, who is an accused, wants to recall the informant for re-examination. Impugned order suggests that no ground has been given
as to why the informant has to be recalled. Be it noted that the informant was examined, cross-examined at length and thereafter he was discharged.
The only ground mentioned for recall of the informant is ""some questions"" were left out to be put to the informant. The ground is vague. What are
those questions have not also been mentioned. This is a case involving offence under Section 304 B of the Indian Penal Code where the informant has
supported the prosecution story. Thus, I find no illegality in the impugned order, as there is no sufficient ground to entertain the same.
This criminal miscellaneous petition is, accordingly, dismissed. At this stage, counsel for the petitioner submits that trial Court be directed to conclude
the trial expeditiously as evidence has been closed and even the statement of the accused under Section 313 of the Code of Criminal Procedure has
been recorded.
Considering the submissions of the learned counsel for the petitioner, I direct the Trial Court to take all steps so as to conclude the trial at the earliest
and if possible Trial Court may also proceed through virtual mode. It is expected that the parties will cooperate with the Trial Court in speedy disposal
of the trial without seeking unnecessary adjournments.