- (1.) When this application was taken up Mr. Prabir Chatterjee, learned Counsel appearing for the Opposite Parties stated that so far as the Opposite Party Nos. 2 and 3 namely, U. S. Prasad and S. K. Roy Choudhary are concerned, they have been wrongly made parties in this proceeding as the Hon ble High Court has already quashed the prosecution against them vide order dated 26th June 1990 in Cr. Misc. No. 1143 of 1988 (R). A photocopy of the certified copy of the judgment passed in the aforesaid Cr. M. P. No. 1143 of 1988 (R) has been produced before me from which it appears that in fact the order taking cognizance as well as the criminal prosecution against them in R.C. Case No. 11(A)/86 (D) has already been quashed. At this juncture, Mr. D. K. Bharti, learned Counsel for the petitioner states that due to bonafide mistake the Opposite Party Nos. 2 and 3 have been made parties in this case and therefore, he prays for and is allowed to delete their names from the array of the Opposite Parties.
(2.) The learned Counsel for the petitioner as well as the learned Counsel appearing on behalf of the Opposite Parties have been heard on the merit of the quashing application.
(3.) In this application the petitioner, C.B.I is challenging the order dated 05.08.2.003 whereby the Special Judge, C.B.I, Dhanbad has rejected the petition filed by the C.B.I for the offence under Section 311 Cr. P.C. for summoning the remaining charge sheeted witnesses, who could not be examined by the prosecution before the case of the prosecution was closed.;