NARESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to set aside the impugned order dated 25.01.2016, passed by learned II Addl. Sessions Judge, Roorkee, District Haridwar in Sessions Trial no. 122 of 2012, State vs Narendra and others, under Sections 147, 148, 149, 323 and 307 IPC, police station Kotwali Roorkee, District Haridwar, whereby the said court dismissed the application filed under Section 311 Cr.P.C. for recalling the prosecution witnesses PW1 and PW2 for crossexamination.

(2.) Heard learned counsel for the parties and perused the order impugned (Annexure 7).

(3.) The facts have already been given in Annexure 7, leading to filing of present application under Section 482 Cr.P.C., for cross-examining PW1 and PW2. This Court need not repeat those facts for the sake of brevity. Suffice will it be to say for the disposal of present application under Section 482 Cr.P.C. that enough opportunity was granted to the defence for cross-examining PW1 Gulnawaj and PW2 Julfkar, who are the witnesses of facts. The only plus point in favour of the present applicant is that when the impugned order dated 25.01.2016 was passed, according to the statement of learned counsel for the applicant, four prosecution witnesses have been examined and they have also been cross-examined on behalf of the applicant.