DESHPAL Vs. RATI RAM

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr.P.C. assailing the order dated 05.07.2007 passed by learned Judicial Magistrate, Laksar in Criminal Case No. 105 of 2005 under Section 420, 467, 468, 471 I.P.C. and judgment dated 18.11.2009 passed by learned District & Sessions Judge, Hardwar whereby the Courts below declined to allow petitioner 's application Under Section 311 Cr.P.C. to recall PW1 for further cross examination.

(2.) BRIEF facts of the case are that one case under Section 420, 467, 468, 471 I.P.C. was pending before the Judicial Magistrate, Laksar in which prosecution witnesses were examined and thereafter on 28.09.2006 statements of accused under Section 313 Cr.P.C., were recorded. Thereafter on 18.04.2007 an application under Section 311 Cr.P.C. was moved by the petitioner to recall PW1 Rati Ram for further cross examination. Learned Magistrate vide order dated 05.07.2007 rejected the application on the ground that change of advocate is no ground to recall the witness for further cross examination.

(3.) SECTION 311 Code of Criminal Procedure reads as under: