ANIL KUMAR CHOUDHARY
Abid Ansari @ Aabid Ansari @ Aabil Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 13.02.2023 passed by Sessions Judge, Ramgarh in S.T. No.148 of 2018 arising out of Mandu P.S. Case No.38 of 2018 corresponding to G.R. No.208 of 2018 registered for the offence punishable under Sections 302, 120 B, 34 of the Indian Penal Code; by which the petition filed under Section 311 of the Code of Criminal Procedure vide Misc. Case being MCA No.05 of 2023, by the petitioner who is the accused in the said case, was rejected by the Sessions Judge.
3. The brief facts of the case is that the petitioners are the accused persons of the said case and are facing the said trial inter alia allegedly for having committed the murder of Ful Kumari. The prosecution case is based on circumstantial evidence. Undisputedly, the P.W.10 and P.W.11 are the two Investigating Officers of the case who have conducted different parts of the investigation of the case. After examination of P.W.10 and P.W.11 as witnesses in the said trial, the P.W.13 produced and proved material exhibits marked
Hanuman Ram v. State of Rajasthan [(2008) 15 SCC 652 : (2009) 3 SCC(Cri) 1149]
Hoffman Andreas v. Inspector of Customs [(2000) 10 SCC 430 : 2001 SCC(Cri) 1488]
Mohanlal Shamji Soni v. Union of India [1991 Supp (1) SCC 271 : 1991 SCC(Cri) 595]
P. Sanjeeva Rao vs. State of Andhra Pradesh reported in (2012) 7 SCC 56
Sudevanand vs. State through Central Bureau of Investigation reported in (2012) 3 SCC 387
Zahira Habibullah Sheikh (5) v. State of Gujarat, (2006) 3 SCC 374, p. 392
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