RAJESH K KONDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners as well as learned High Court government pleader for the respondent-State.

(2.) THE short question that arises for consideration in this petition filed under S. 482, cr. P. C. is, whether the trial Court was justified in refusing the request made by the petitioners to permit them to cross-examine P. W. 1.

(3.) LEARNED counsel for the petitioners submitted that the trial Court has refused to grant permission to the petitioners to cross-examine P. W. 1 solely on the ground that the application is devoid of merits and they have not disclosed in their application as to what questions the petitioners intend to put to P. W. 1. It was further submitted that the ruling referred to by the trial Court is not properly considered by the trial Judge inasmuch as the observations of the Apex court which is referred to in the very same judgment of Gujarat High Court goes to indicate that the Court should be magnanimous to permit, such mistakes to be rectified. After all, function of the Criminal Court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better.