DEBASHISH BOSE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Anjan Chakrabarty. learned counsel for the petitioner. Mr. S.K. Mishra. learned counsel for opposite parties 2 to 4 and learned APP for the State.

(2.) THE order dated 4.10.1999 has been impugned by the petitioner in this application under Section 482 of the Code of Criminal Procedure by reason of which the learned Magistrate has dismissed the petition filed under Section 311 of the Code.

(3.) ON the basis of a fardbeyan of Samir Kumar Ghosh a case was registered and the Police after investigation filed charge -sheet on which cognizance was taken. It was alleged in the First Information Report that on 18.9.1994 at 6.30 p.m. while the petitioner was going on motor cycle to attend the meeting of Bengali Association, he was assaulted by opposite parties 2 and 3 by means of rods infront of the house of one Munni Mistri, as a result the petitioner sustained grievous injury compelling him to be hospitalised for a considerable period. During trial four persons were examined by the prosecution till 18.6.1999 but the petitioner who was the injured and real victim was not examined. On 9.7.1999, when the learned Magistrate closed the evidence, the petitioner immediately filed a petition on the same day under Section 311 of the Code praying therein to record his statement as he was present in Court itself. The copy of the petition is Annexure -2. The learned Magistrate gave an opportunity to the accused to file a rejoinder on the next day and thereafter on 4.8.1999 rejected the petition under Section 311 of the Code.