AVTAR SINGH Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioner under Section 482 of the Cr.PC praying inter alia for setting aside an order dated 15.04.2010 passed by the learned ASJ, Karkardooma Courts, in FIR No. 105/2004 lodged against the petitioner and another accused under Section 308/506(2)/34 IPC with Police Station: Mandawali.

(2.) By the aforesaid order, the application filed by the petitioner under Section 311 Cr.PC for recalling two prosecution witnesses, namely, PW1 Mukesh Kumar, the complainant and PW7 Rizwan, for cross-examination on his behalf was rejected. While passing the rejection order, the Court observed that the aforesaid witnesses had already been cross-examined on behalf of the accused persons by the counsel on 03.05.2009 and the application was silent as to the point left by the earlier counsel on which, further cross-examination of PW1 and PW7 was sought.

(3.) Counsel for the petitioner states that without going into any other issue as raised in the present petition pertaining to the authority of the previous counsel to cross-examine the said witnesses, one opportunity be granted to cross-examine PW1 and PW7 before arguments are addressed in the matter, as failure to do so will cause irreparable loss and injury to the petitioner. Pertinently, PW1 was cross-examined on behalf of both the accused persons by a counsel on 03.05.2009 and PW7 was cross-examined on 12.10.2009. The present application came to be filed by the petitioner on 09.04.2010, stating inter alia that the previous counsel had not cross-examined the said witnesses to bring out the defence of the petitioner.