Nisha Gupta, J. - (1.) THIS criminal misc. petition U/S. 482 Cr. P.C. has been filed for quashing the order dated 03/01/2014 (Ann. 3) passed by the court of Additional Sessions Judge, Neem Ka Thana, District Sikar in Sessions Case No. 14/2011 by which, the court below has allowed the prosecution to produce statements of the witnesses recorded after filing of the charge -sheet against accused -petitioner.
(2.) THE short facts of the case are that FIR has been lodged against the petitioner for offence U/Ss. 147, 148, 323, 302 and 149 IPC. After investigation, charge -sheet has been filed against the petitioner and it has been committed to the court of sessions and trial was going on. Thereafter, statements of some of the witnesses have been recorded to implicate other accused -persons in the case and an application has been moved before the court below by the complainant to call the statements of the witnesses and site -plan, which has been prepared after the charge -sheet has been filed against petitioner. Contention of the counsel for the petitioner is that order of this Court dated 19/03/2013 by which the police was directed to file charge -sheet against remaining nine accused persons and to arrest them has been stayed by the Apex Court and without bringing the order of the Apex Court into the notice of this Court, further order has been obtained on 13/12/2013 to file the final opinion within fifteen days and the contention of the counsel for the petitioner is that when the order dated 19/03/2013 has been stayed, investigation carried on in compliance of that order could not be called upon or looked into by the court below as the Apex Court has stayed the order and the complainant is playing game committing fraud with the court and had obtained the order dated 13/12/2013. Further contention of the counsel for the petitioner is that application has not been filed on behalf of the prosecution and it could not be entertained and the further contention of the counsel for the petitioner is that when charge -sheet has been filed against petitioner, any investigation done after that could not be called upon.
(3.) PER contra, the contention of the counsel for the complainant is that vide order dated 19/03/2013, the court has not ordered for any investigation but only ordered for submission of the charge -sheet and arrest of the other accused persons, which order has been stayed by the Apex Court but has not wiped out the investigation, which has been carried. The Public Prosecutor has also supported this application as the contention of the State is that after examining the statements of the witnesses, it will be decided that whether witnesses should be called upon or not. In fact, it is an innocuous order, which not in any way is prejudicial to the interest of the petitioner. The police is competent to further investigate the matter under the provisions of Section 173(8) Cr. P.C. after filing of the report U/S. 173(2) Cr. P.C. and no fault can be found with the order and the petition be dismissed.;