- (1.) The petitioner has questioned the legality of the order dated 23.06.2016 passed by Additional Sessions Judge-IVth-cumSpecial Judge, C.B.I., Dhabnad in R.C. Case no. 9(A)/2003-D whereby and whereunder the petition filed under Section 311 of the Code of Criminal Procedure (in short 'the Code') at the instance of the prosecution has been allowed.
(2.) The background facts need to be noted in brief is that at the instance of one Kaila Bhuiya, a General Mazdoor of B.C.C.L., a complaint case was lodged in the office of S.P, C.B.I., Dhanbad that this petitioner Rajendra Kumar Singh demanded illegal gratification of Rs.500/- for appearing as essential witness before the Jharia Post Office for his identification to withdraw his deposit money from R.D. Account. Thereafter, the said complaint was lodged under Section 7 of the Prevention of Corruption Act.
(3.) After investigation, the prosecution i.e. C.B.I. submitted the charge-sheet. After framing of charges, the prosecution as well as defence examined their witnesses. Thereafter a petition at the instance of the prosecution was filed under Section 311 of the Code with prayer that several exhibits are though on record but could not be exhibited and for marking those documents, the examination of PW 8- Deobrat Narayan Singh and one Ashok Saw is essential for the just decision of the case. The Special Judge after hearing both the parties allowed the said petition as indicated above. Hence, this revision at the instance of the defence-accused.;