ALTAMAS KABIR
RAKU MANDAL – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
( 1 ) THIS Application under Section 482 of the Code of Criminal Procedure is against the order dated 13th May, 2005 passed by the learned 6th Additional Sessions Judge (F. T. C. III), Godda in Sessions case No. 119/1981/105/2002, allowing the prosecutions application under Section 311 of the code of Criminal Procedure regarding examination of the investigating officer and doctor, who had performed the post-mortem on the person of the deceased.
( 2 ) APPEARING in support of the Application, Mr. Jha urged that as would appear from the materials on record, the incident, relating to the Sessions Trial, is said to have occurred in 1979, and the trial has been pending since then over the last 25 years. Mr. Jha submitted that after lapse of such long period, the prosecution should not be allowed to drag on the trial, when earlier application under Section 311 of the Code of Criminal procedure, at the instance of the informant, had already been rejected on 15th December, 2003. Mr. Jha also submitted that in the order dated 15th December, 2003, rejecting the informants application under Section 311 of the Code of Criminal procedure, the learned Sessions Judge had dealt with, in
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