RAJESH GULATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present criminal revision, the revisionist seeks to quash and set aside the impugned order dated 21.03.2016, passed by learned Addl. Sessions Judge V, Dehradun, in Sessions Trial no. 49 of 2011, in respect of offences punishable under Sections 302, 201 IPC, P.S. Cantt., District Dehradun, titled as State vs Rajesh Gulati, whereby learned court below dismissed the application of the revisionist filed under Section 311 Cr.P.C. moved for recalling of PW1 Sujan Kumar Pradhan for the purposes of his further cross-examination and PW22 Ashish Rastogi for the purpose of his cross-examination.

(2.) PW1 Sujan Pradhan was examined by prosecution in S.T. no. 49 of 2011. He was cross-examined at length by learned counsel for the defence. Likewise, PW22 Ashish Rastogi was also examined by the prosecution, but was not cross-examined by learned counsel for the defence, despite having been given opportunity to do so. Now with the change of counsel before the trial court, an application under Section 311 Cr.P.C. was moved for further cross-examining PW1 and for cross-examining PW22, which was denied by learned court below citing elaborate reasons for doing so. In a nutshell, the application under Section 311 Cr.P.C. was dismissed by learned trial court and, hence, present criminal revision.

(3.) This Court has heard learned counsel for the parties at length.