JANATA KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition the applicant seeks to challenge correctness, validity and propriety of the order dated 29-6-2001 passed by the learned Additional Sessions Judge, Korba.

(2.) Learned counsel for the applicant submits that in an offence triable by the Court of Sessions the applicant had engaged a senior counsel but on 29-5-2001 the senior counsel was not available, therefore, his junior colleague Shri Chandel made a request to the Court for adjourning the case. The Trial Court in the hot haste rejected the said prayer and required Shri Chandel to cross-examine the witnesses. Thereafter the applicant through his counsel made an application under Section 311, Cr.PC for recall of the witnesses but by the order impugned the Court below rejected the application simply on the ground that the cross-examination was conducted by Shri Chandel. Shri H.V. Sharma further submits that the manner in which the application has been rejected is uncalled for and further that in a matter which is triable by the Court of Sessions the fate of the accused who engages a senior counsel to represent him before the Court cannot be left in the hands of the junior colleague of the said lawyer. He submits that if the Court was of the opinion that the witnesses will have to suffer unnecessarily then the said witnesses could be compensated in terms of cost.

(3.) Shri Ashish Shukla, learned counsel for the State, submits that as the Court below had jurisdiction to grant or reject the application filed under Section 311, Cr.PC, there is no scope for any interference by this Court in these proceedings.