BRIJESH JAISWAL ALIAS BRIJESH KR JAISWAL v. THE STATE OF JHARKHAND
Cr.M.P./202/2025 · 2025-03-11
Ambuj Nath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29482 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29482 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 202 of 2025
------ Brijesh Jaiswal @ Brijesh Kr. Jaiswal, aged about 45 years, S/o. Kailash Nath Jaiswal, R/o. Main Road, Chas, Sheetala Gali, Near Kali Bari, P.O. & P.S.- Chas, Dist.- Bokaro, Jharkhand. … … Petitioner
-Versus - The State of Jharkhand
... … Opposite Party
------
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
------ For the Petitioner : Mr. Vikash Kumar, Advocate
: Mr. Pranav Prakash Mishra, Advocate For the State : Mrs. Shweta Singh, A.P.P.
------ 03/11.03.2025
Heard the parties. 2. The petitioner Brijesh Jaiswal @ Brijesh Kr. Jaiswal has prayed for setting aside the order dated 13.09.2024 passed by the Court of Sri Pawan Kumar No. 1, learned Addl. Sessions Judge-I, Bokaro in connection with Miscellaneous Criminal Application No. 605/2024, whereby and wherein, the learned Court below has rejected the application filed by the petitioner under Section 311 of the Cr.P.C. for exhibiting medical documents in connection with S.T. Case No. 237/2018. 3. It appears that that the aforesaid Sessions Trial case arises out of Chas P.S. Case No. 54/2018, registered under Sections 302/34 of the I.P.C. and Sections 3 & 4 of the D.P. Act. The petitioner appears to be husband of the deceased namely Kavita Jaiswal, who was murdered in her matrimonial home. During the trial, the petitioner took the plea of insanity and filed an application under Section 311 of the Cr.P.C. for exhibiting documents showing the fact that he was mentally disabled. The learned Trial Court has rejected the same on the ground that petition has been filed at a very belated stage, that too after the statement under Section 313 of the Cr.P.C. was recorded and the case was fixed for defense evidence. 4. During the trial at the stage when the prosecution evidence was being recorded, the petitioner had not taken the plea of insanity. He faced trial and the prosecution witnesses were examined in his presence. It is only at the stage of defence evidence that plea of insanity has been taken after six years from the date of institution of the police case. The learned Trial Court has rejected the application of the petitioner filed under Section 311 of the Cr.P.C. on the ground that his plea has been taken just to delay the final disposal of the case. 5.
Accordingly, I do not find any illegality in order date 13.09.2024 passed by the Court of Sri Pawan Kumar No. 1, learned Addl. Sessions Judge-I, Bokaro in connection with Miscellaneous Criminal Application No. 605/2024. 6. This Criminal Miscellaneous Petition is dismissed. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Rahul/-