MOHD HASAN Vs. STATE

JUDGEMENT

(1.) The present petition under Ss. 397/399/401 Cr.P.C. has been filed by the petitioner, namely, Mohd Hasan @Nanhe, with the following prayers:

(2.) Briefly stated, the facts of the case are that on 16/8/2015, the present FIR No. 854/2015 was got registered at New Usmanpur under Ss. 302/201 IPC against an unknown person and the dead body was preserved for identification.

(3.) Vide impugned Order dtd. 31/3/2023, Ld. ASJ dismissed the application under Sec. 311 Cr.P.C. filed by the petitioner for recalling PW-8 Mohd. Kasim for his further cross-examination on the ground that PW-8 Mohd. Kasim had already appeared before the court on two dates for the purpose of recording of his evidence and the witness was duly cross-examined by Sh. Gaurav Vashishth, Ld. Amicus Curiae on 8/3/2018. Furthermore, since the present case is pending since the year 2016, it was observed that under these circumstances, no further opportunity can be granted to the accused to further cross-examine PW-8 Mohd. Kasim and thus, the application was dismissed.