- (1.) THE petitioner herein has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the order impugned dated 3.6.2006 passed by the Additional Sessions Judge FTC Koderma in Sessions Trial No. 178 of 1996 whereby and whereunder the prosecution was denied opportunity to prove certain documents through prosecution witnesses.
(2.) THE brief fact of the case is that on 6.1.1994 when the informant/petitioner arrived near his house situated in the lane at about 8.30 p.m., a young man wearing a blue jacket suddenly appeared, aimed a revolver upon him for firing shot but the informant escaped and saved his life. In the written report presented before the police, the informant further stated that about half an hour prior to occurrence one Arvind Kumar Singh with two known persons had come on a Jeep to watch his activities. Arvind Singh in the past also had extended threat to commit his murder and had brought criminals in this connection to which he had given information to the then Dy. Superintendent of police. Shri Uma Shankar and Sudhanshu. The informant/ petitioner, therefore, had reason to believe that it was attempt on his life on the instance of the accused Arvind Kumar Singh. Disclosing the genesis, the informant had narrated that he had informed the Administration as well as Government about the involvement of Arvind Kumar. Singh in using explosives without authority in illegal mining and in this regard he had informed to Shri B.R. Haldhar, the then Divisional Commissioner, North Chotanag -pur Orally as well as in writing. Upon such written report, Tilaiya P.S. Case No. 292 of 1994 was instituted under Section 307/ 120 -B of the Indian Penal Code and charge -sheet was submitted against the accused Arvind Kumar Singh.
(3.) THE learned counsel submitted that though the petitioner was an informant in the police case and his status was not more than a witness but in support of prosecution case he wanted to bring certain documents on the case record about his information given to different authorities of the illegal activities of the accused and such communication was the genesis of the occurrence pursuant to a criminal conspiracy of the accused Arbind Kumar Singh to do away his life. In this connection petitions were filed in the trial Court by the prosecution on 4.3.2005 and 4.4.2006 to call for such documents, a list of which was appended in the petition which were rejected by the order impugned and the accused was examined under Section 313 of the Code of Criminal Procedure.;