AMRESHWAR SAHAY, J.

( 1 ) HEARD the learned counsel for the parties.

( 2 ) IN this application the petitioner has challenged the order dated 6-8-2002 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in G. R. case No. 153 of 1995 corresponding to Gumla P. S. case No. 99 of 1995 whereby an application under Section 311. Cr. P. C. filed by the informant (petitioner) has been rejected.

( 3 ) FOR the purpose of deciding the issues in questions in this application, it is not necessary to state the facts in details. Suffice it to say that on the basis of the fardbeyan of Saraswati Devi the informant (petitioner) a case under Section 498/a/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act was registered, in which the police, after Investigation, submitted charge-sheet and ultimately after framing of the charges, the accused persons were facing trial. Against all the eight accused persons the charge under Section 498a/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act was framed on 26-3-1998 and thereafter the prosecution was asked to adduce the evidence. It appears that even after a lapse of about 5 months, no witness wa