- (1.) Heard the parties.
(2.) THE petitioner is challenging the order dated 15.1.2008 passed in S.T. No. 301/02 by Additional Sessions Judge, F.T.C. -IV, Dhanbad closing the case of the defence and fixing the Sessions Trial for arguments. The facts in short are that the petitioner alongwith other accused persons is facing trial in S.T. No. 301/02 for the charges under Sections 302, 307, 120 -B/ 34 of the Indian Penal Code. It appears that on 23.11.2005, the evidence of the prosecution witnesses was closed and then the statement of the accused persons were recorded on 15.12.2005. Thereafter, the case was fixed for 20th December, 2005 for defence witnesses. As it appears that at the stage of producing defence witnesses, the petitioner filed a petition alongwith a list of 15 witnesses before the Trial Court for summoning them. The list included the eight Officers In -charge of .the Police Station. The learned Trial Court though rejected the said prayer of the defence by order dated 18.3.2006 but the petitioner was permitted to take Dasti Summons from the Court against his witnesses. The said order of the Trial Court was challenged before this Court in Cr. M.P. No. 432 of 2006. A Single Bench of this Court, by order dated 18.5.2006, set aside the order of the Trial Court and directed. it to critically examine the list of 15 witnesses presented before him on behalf of the petitioner Munna Singh @ Sharangdha Singh keeping in view the exigency shown by the petitioner in relation to each witness on his own wisdom and after preparing a fresh list after such scrutiny, Issue summons to the short listed witnesses by giving 15 days time to the defence for their appearance and thereafter, the evidence shall be recorded on day -to -day basis so as to conclude the trial as soon as possible in compliance of the direction of the Apex Court.
(3.) AT this juncture it is relevant to note that there is already a direction of the Apex Court in its order dated 28.10.2005 to expedite the trial. This order was passed while dismissing the Special Leave Petition filed by the accused persons.;