RAMESH SHARMA Vs. STATE

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner assailing the order dated 21.11.2017 whereby the petitioner's application under Section 311 Cr.P.C. seeking recall and cross-examination of PW-1 was dismissed.

(2.) Learned counsel for the petitioner submits that the present case arises out of FIR No.40/2009 registered under Sections 377/506 IPC at Police Station Nand Nagri, Delhi. He further submits that the matter was initially fixed for 21.11.2017. On that date, although the accused was present, however, his counsel could not appear as he was on his legs in another Court. On that day, the petitioner's right to cross-examine the witness was closed. Learned counsel further submits that thereafter, only the statement of the accused was recorded and the matter was posted for recording of defence evidence. He accordingly prays that only one opportunity may be granted to the petitioner to cross-examine the witness/PW-1, who is a major now.

(3.) Learned APP for the State, on the other hand, submits that the present petition has been filed on behalf of the petitioner after a delay of about two years and the petition deserves to be dismissed on this ground.