SURESH YADAV Vs. STATE

JUDGEMENT

(1.) By way of the present petition, petitioner seeking setting aside of order dated 24.10.2019 whereby the learned Trial Court dismissed the application u/s 311 Cr.P.C. seeking recalling of witnesses PW-6 namely ASI Jagdish for his cross-examination.

(2.) The petitioners are facing trial in case FIR No.522/2004 registered at P.S. Paschim Vihar for the offences punishable under Sections 420/467/468/471/120-B IPC.

(3.) Learned counsel for the petitioners submits that PW-6, ASI Jagdish, is a vital witness, being the alleged decoy customer, who was examined-in-chief before the Ld. Trial Court but could not be cross examined as the advocates were abstaining from work on that date. The said witness was important and hence, the petitioners moved an application U/s 311 Cr.P.C. before the Ld. Trial Court seeking recall of the said witness for his cross-examination and the said application was allowed by the Ld. Trial Court vide order dated 06/04/2013. The said witness was thereafter not put to cross-examination for one reason or the other and the summoning of the said witness was mechanically overlooked and the other witnesses in the case were examined and then cross examined by the counsel for the petitioners. When the prosecution exhausted the entire list of witnesses, it was pointed out by the counsel for the petitioners that PW-6 remains to be cross examined. Accordingly the said witness was summoned and he finally put in his appearance in the witness box on 27/07/2019 but on the said date the said witness could not be cross examined on behalf of the petitioners as the main counsel was not available and the Ld. Trial Court was pleased to close the Defence Evidence. On 31/07/2019, the petitioners moved an application seeking recalling of the said witness for cross examination before the Ld. Trial Court which was dismissed by the Ld. Trial Court vide order dated 24.10.2019, the order impugned in the present petition.