KARAM CHAND MUKHI Vs. SANTOSH PRADHAN

JUDGEMENT

(1.) Heard.

(2.) This application under S. 482 of the Code of Criminal Procedure, 1973 (in short,'the Code') stands disposed of at the stage of admission, on hearing learned counsel for the petitioners, accused-opposite party No. 1 and learned Standing Counsel appearing on behalf of the State.

(3.) The point of controversy, which has arisen in this case, is not a common feature which is experienced generally in usual course of a sessions trial. To appreciate that the fact situation relevant for the purpose, is succinctly noted : Opposite party No. 1 as the sole accused is facing trial in S.T. Case No. 14 of 2002, pending in the Court of C.J.M.-cum-Asstt., Sessions Judge, Phulbanl. Charge for the offences under Ss. 376/306,1.P.C. has been framed. In November, 2002 learned Additional Prosecutor filed an application to examine four persons as witnesses on behalf of the prosecution outside that list of charge-sheeted witnesses. Petitioners are three out of them. Learned Asstt. Sessions Judge rejected that application inter-alia, on the grounds that: