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Patna High Court

Anil Singh @ Anil Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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