IRFAN BADSHAH Vs. STATE

JUDGEMENT

(1.) At the outset learned counsel for the Petitioner prays that the present petition be treated as a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India. The present petition is treated as petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India.

(2.) Registry to re-number the petition.

(3.) The grievance of the petitioner in the present petition is limited to the disallowance of two important questions as irrelevant during the crossexamination of PW22 ACP Mahavir Singh, Investigating Officer of case FIR No. 161/2008 registered at PS Amar Colony under Section 302/323/34 IPC. Learned counsel for the Petitioner contends that the Petitioner is facing trial in a case of murder and is in judicial custody for a period of over four years. While the Petitioner was cross-examining PW22 he asked two questions to the Investigating officer as to whether it was correct that DD Nos. 9 and 10 were based on the documents Ex. PW12/A and Ex. PW17/A respectively. Both these questions were disallowed by the learned Trial Court as irrelevant. According to the learned counsel both Ex. PW12/A and PW17/A have been adduced in the evidence by the prosecution. The reason for asking these questions from the witness was that the version recorded in the two DD entries was contrary to each other which could help the Petitioner in discrediting the prosecution version qua the place of occurrence and the sequence of events. The Court having disallowed the question, the Petitioner has been prejudiced in his defence. Reliance is place on Jones vs. National Coal Board, 1957 2 AllER 155.