RADEKA CHAUDHARY Vs. NCT OF DELHI & ANR

JUDGEMENT

(1.) Issue notice. Mr Satish Mishra, Advocate, accepts notice on behalf of APP for the State/Respondent no. 1 and Mr. Rajesh Yadav, Advocate, accepts notice on behalf of respondent no. 2. With the consent of learned counsel for the parties the instant petition is taken up for disposal.

(2.) Vide this petition the petitioner has prayed to set aside the order dated 23.12.2011 passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi in C.C. No. 867/1/10 dismissing the application for recalling of witness Sh. Vijay Kumar Khanna for the purpose of further cross-examination. It is further prayed that the petitioner/accused be allowed to get herself examined as defence witness in the case mentioned above.

(3.) Learned counsel for respondent no. 2 has strongly opposed allowing the prayer of the petitioner/accused because of the fact that the learned trial Judge in the order dated 23.12.2011 recorded as under:-