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2021 Supreme(Jhk) 753

SANJAY KUMAR DWIVEDI
Tauhid Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gopal Krishna Sinha.
For the Opposite Party : Mrs. Vandana Bharti, A.P.P., Mr. A.K. Rashidi.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mr. Gopal Krishna Sinha, the learned counsel for the petitioners, Mrs. Vandana Bharti, the learned State counsel and Mr. A.K. Rashidi, the learned counsel appearing on behalf of the O.P.No.2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioners have filed this petition to challenge the order dated 02.03.2020 passed in S.T. Case No. 247 of 2017 arising out of Ranka P.S. Case No. 39 of 2017, corresponding to G.R. Case No. 649 of 2017 whereby the court below had allowed the petition dated 19.02.2020 under section 311 Cr.P.C.

4. Mr. Gopal Krishna Sinha, the learned counsel appearing on behalf of the petitioners challenged the said order on the ground that at the fag end of the trial all of a sudden this petition was filed under section 311 Cr.P.C. for examining the father of the deceased as a witness on behalf of the prosecution. He submits that at the fag end of the trial allowing that app

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