TOUSIF Vs. NAAZ POULTRY TRADERS

JUDGEMENT

(1.) Petitioner who is accused before the trial Court has come up with this petition under Sec. 482 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') challenging the order passed by the Sessions Court rejecting the petition filed by him and thereby confirming the order passed by the trial Court, rejecting his application to recall P.W.1 for cross examination.

(2.) For the sake of convenience, parties are referred to by their rank before the trial Court.

(3.) In support of the petition, the accused has contended that the order passed by the trial Court as well as the Sessions Court is erroneous, perverse and capricious. They are liable to be set aside. The accused is not provided with reasonable opportunity to cross examine P.W.1. Since the mother of the accused was admitted to the hospital and both the complainant and accused were exploring the possibility of settlement, accused could not cross examine P.W.1 and sought time. However, trial Court was pleased to take the cross examination as nil. If reasonable opportunity is not given to the accused to prove his defence, he would suffer immensely. The impugned orders are illegal and perverse and request to be set aside.