SURESH YADAV Vs. STATE AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner, who is the complainant in case FIR No. 294/2013, under Sections 326-A/34 IPC registered at P.S. Punjabi Bagh challenges the order dated 8th February, 2019 whereby the learned Trial Court, on an application filed by the accused recalled the petitioner/complainant/victim for cross examination.

(2.) The case of the petitioner/complainant is that she is the victim of acid attack and despite having appeared on number of dates and having been examined and cross examined extensively, when the learned counsel for the accused was not present, her further cross examination was closed vide order dated 12th September, 2018, however, for no rhyme and reasons and simply to harass the victim, an application was filed by the accused under Section 311 CrPC to recall her for cross examination on the pretext that she had to be confronted with certain photographs, which has been allowed by the impugned order.

(3.) Case of the accused/respondent No. 4, represented through his counsel, who had filed the application for recall of the petitioner is that the impugned order is a detailed and well reasoned order; one opportunity has been granted to the respondent for further cross examination of the petitioner by imposing heavy costs and confrontation of the relevant photographs to the victim/petitioner is necessary for the just decision of the case, the petitioner being the only material witness in the prosecution case.