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2006 Supreme(Pat) 1251

ABHIJIT SINHA
Nesar Ahmad @ Nasser – Appellant
Versus
State Of Bihar – Respondent


Judgment

Abhijit Sinha, J.

1. Through this application the petitioners herein have prayed for quashing of the order dated 15.09.2006 passed by the learned Presiding Judge, F.T.C. No. 3 Muzaffarpur in Sessions Trial No. 303/2000 whereby he has allowed the petitions dated 5.3.2003 and 14.9.200 6 filed by the prosecution permitting them to get the documents proved and marked as Exts.

2. The grievance of the petitioners is that after 26 witnesses on behalf of the prosecution and three witnesses on behalf of the defence had been examined and the case had been fixed for argument on 4.9.2006, the Special p.p. on behalf of the prosecution instead of starting argument filed a petition u/s. 311 of Cr.P.C. only for the purpose of vexation or for causing delay prayed for adducing a document which had been filed but had not been exhibitted as Ext. It was submitted in this connection that the document which the prosecution wanted to bring on record at the stage of argument had never been introduced or mentioned in evidence by any of the prosecution witnesses including the father, brother uncle and maternal uncle of the deceased lady. It is further said that prior either to the prosecution had bee







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