GHANSHYAM NARANG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The present petition has been filed by the petitioner under Sec. 528 of BNSS, 2023 being aggrieved by the impugned order dtd. 19/12/2025 passed in Criminal Case No. 1048/2022 by the learned Judicial Magistrate First Class, Bhilai-3, District - Durg (C.G.) whereby the learned judge has closed the opportunity for the accused persons to re-cross-examine the prosecution witnesses namely, Aatiq Hussain, Saroj and Mohshin Ahmed.

(3.) The case of the petitioners was that on the basis of the written complaint of complainant, the police of police station Amleshwar registered the FIR bearing Crime No. 154/2022 for the offence punishable under Ss. 294, 427, 447, 34 of IPC against the petitioners and the case is pending before the learned JMFC, Bhilai-3, District Durg (C.G.) in Criminal Case No. 1048/2022. During the trial, the petitioners filed an application under Sec. 311 of Cr.P.C. before the trial Court stating therein that cross-examination of prosecution witnesses No. 1 to 6 was conducted by the erstwhile advocate; however, some significant questions were not asked during said cross- examination, nor were denials properly recorded, which resulted in a failure to establish the defence of the accused. It was alleged that the previous advocate was in collusion with the complainant. Therefore, a request was made to recall the prosecution witness for further cross- examination. On perusal of the record, the learned trial Court allowed the application vide order dtd. 2/9/2025, directing that the accused had a full opportunity to cross-examine PW-1. However, in the interest of justice, one more opportunity was granted. It was clarified that only one opportunity will be provided; subject to this direction, a summons was issued to witness for evidence.