IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22410 of 2009 SHIVSAGAR RAI SON OF RAMCHANDRA RAI @ CHANDRA RAI, RESIDENT OF VILLAGE JUDAWANPUR, POLICE STATIION JUDAWANPUR, DISTRICT- VAISHALI, AT PRESENT RESIDENT OF VILLAGE SAIDABAD, POLICE STATION- RAGHOPUR, DISTRICT- VAISHALI. Versus THE STATE OF BIHAR ----------- 2 24.06.2010 Petitioner is aggrieved by the order dated 30.4.2006 passed by the learned Addl. Sessions Judge-II Vaishali at Hazipur in Sessions Trial No. 146 of 2006 whereby the application filed on behalf of the prosecution under Section 311 of the Code of Criminal Procedure has been allowed. By filing the aforesaid application, the prosecution only prayed for getting the written report exhibited in the case. Learned court below has found as under in paragraph 3 of the order: “ Heard the learned counsel of both sides. Section 311 Cr.P.C. is not meant for any party to the case rather the power has been conferred to the Court under the said provision to exercise the same for just decision of the case. The object of Section 311 Cr.P.C. is to arrive at the truth irrespective of the fact whether the prosecution or defence has failed to produce some evidence which is necessary for just decision of the case. But care should be taken that prosecution should not be allowed to rebutt the defence evidence. The power to be exercised by Court under 311 Cr.P.C. is for arriving at just decision of the case which can be exercised at any time irrespective of the stage of the case where it has reached. The informant has been examined as P.W. 3. If statement of this witness contained in para 6 read with his statement contained in para 11, it appears that he is not in a position to say who actually written the written report. Similarly, it is also not clear from the evidence of I.O. as to who is the author of the written report of the informant. 2 Although written report is not a substantive piece of evidence, however, it should be brought on the record. In the above situation it is for the prosecution to ascertain through informant as to who actually wrote the written report, bring it on the record and got it exhibited accordingly.” Learned Trial Court thus concluded that bringing on record the written report would help the Court in arriving at just decision. This Court is of the view that the order impugned is justified in law. The matter does not require interference. The application is dismissed. pkj ( Kishore K. Mandal, J. )