Patna High Court
Anil Singh @ Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
A belated application under Section 311 CrPC seeking to summon additional witnesses, filed with the apparent intent to delay proceedings, is without merit and must be dismissed.
Summary
Anil Singh filed an application under Section 311 of the Criminal Procedure Code seeking to summon the injured person and the examining doctor as witnesses, alleging they were omitted from the charge-sheet. The Additional District and Sessions Judge had rejected the application, prompting the petitioner to move the Patna High Court for quashing that order. The Court observed that the charge was framed in 2017, witnesses had already been examined, and the accused’s statement was recorded in April 2024, indicating the petition was filed at a very late stage. It noted that the petition appeared to be a tactic to delay the trial, as the prosecution had not produced its witnesses earlier. Considering the delay and lack of merit, the Court declined to interfere with the lower court’s order. Consequently, the petition under Section 311 CrPC was dismissed.
Issues considered
- Whether a belated application under Section 311 CrPC for summoning additional witnesses can be entertained after charge framing and substantial trial progress.
- Whether the delay in filing such an application constitutes an abuse of process warranting dismissal.
Legislation cited
- Criminal Procedure Code — s. 311, 313
Subjects
- Section 311 CrPC
- witness summoning
- trial delay
- abuse of process
- criminal procedure
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64140 of 2024
Arising Out of PS. Case No.-168 Year-2012 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Anil Singh @ Anil Kumar Singh Son of Umashankar Singh R/O Chainpatti,
P.S.- Gopalganj Town, Gopalganj, Bihar 841428 ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
CAV ORDER
4 08-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The present application has been filed seeking
quashing the order dated 26.04.2021, passed by the learned
Additional District and Session’s Judge-II, Gopalganj, whereby
the application of the prosecution filed under Section 311 CrPC
for reopening the prosecution evidence has been rejected.
3. Learned counsel for the petitioner has submitted
that police has left the name of injured person, namely,
Umashankar Singh, and the Doctor, who examined the injured,
as charge-sheet witnesses and hence summons could not be
issued against them and it was prayed through application under
Section 311 CrPC that they may be summoned and they may be
examined as witnesses in this case in the interest of justice.
4. Heard the parties and perused the records.
Patna High Court CR. MISC. No.64140 of 2024(4) dt.08-05-2026
2/2
5. From the record, it transpires that the charge was
framed in this case on 30.01.2017 and thereafter witnesses were
examined. The statement of the accused was recorded under
Section 313 CrPC on 13.04.2024 and the accused had also
adduced his defence by way of examining one witness as
defence witness. The petition under Section 311 CrPC was not
filed till then, and thereafter, with an intention to linger the case,
the present petition under Section 311 CrPC was filed only to
fill-up the lacuna and delay the trial. The trial was continuously
upon for five years till 2022, but the prosecution witness were
not produced by the prosecution and when the case was at the
fag end of the trial, the present application under Section 311
CrPC was filed.
6. Having considered the entire facts and
circumstances, this Court is not inclined to interfere with the
matter.
7. This application is devoid of merit and is
accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
AFR/NAFR NAFR
CAV DATE 17.04.2026
Uploading Date 08.05.2026.
Transmission Date 08.05.2026.
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