1991 (10) TMI 327

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the said order, the petitioner is in revision. 2. The petitioner has been charge-sheeted for the offence under Sections 465/471, I.P.C. The allegation against the petitioner, as disclosed from the F.I.R., is that he appeared in an interview for selection to one of the posts of Lecturer in the Bidyabhusan Sanskrit College, Bolangir, on the basis of an 'interview card' which was alleged to have been forged. This was suspected to be forged just before the file was put up before the Collector who happened to be the Chairman of the Governing Body of the College for his approval and accordingly, the matter being reported to the District Intelligency Bureau (for short the 'D.I.B.'), the Inspector of the D.I.B. drew up the plain pa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fter the passing of the order to record the statement of the accused under Section 313, Cr.P.C. amounted causing prejudice to the case of the accused by way of giving opportunity to the prosecution to fill up the lacunae in its case Mr. Nanda relied on the decisions reported in AIR 1951 Mad 707 : (52 Cri LJ 673), in re K.V.R.S. Mani and, Smt. Santosh Kumari v. State. Mr. D. K. Misra, learned Additional Standing Counsel for the State, on the other hand, submitted that the learned S.D.J.M. did not lack jurisdiction to pass such an order nor there was any thing wrong in the order. The learned Additional Standing Counsel relied on a number of decisions reported in, Jamatraj Kewalji Govani v. State of Maharashtra; 1985 (2) OLR 529 : (1986 Cri LJ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nce was closed, accused statement recorded and the case was finally posted to a date for argument. At that stage the prosecution prayed for summoning the Investigating Officer for examination as a witness. The learned Judicial Magistrate passed the order summoning the Investigating Officer to give evidence. The same argument that the Court allowed the Investigating Officer with a view to fill up the lacuna in the prosecution case was found unfavourable with the Court. The Court in the case referred to also relied on the decision reported in Jamatraj Kewalji Govani (supra) and held that this power is exercisable at any time. While observing that the power of the Magistrate to summon and examine the witness at any stage, the Court also gave a....