IMRAN KARIMBHAI MADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is filed challenging an order passed below Exhibit-68 by the learned 7 th Additional Sessions Judge, Rajkot, dtd. 2/6/2022, whereby application given on behalf of the accused to recall the prosecution witness Nos. 5, 7 and 8 for the purpose of cross-examination, came to be rejected.

(2.) Mr. R.D. Chauhan, learned advocate for the petitioner - accused - Imran Karimbhai Madam, submitted that if the prosecution witness Nos. 5, 7 and 8 are recalled, as important questions were left out to be asked to them in a cross- examination, there is no prejudice caused to the prosecution.

(3.) As against that, Mr. Utkarsh Sharma, learned APP, submitted that recalling of a witness on the ground mentioned in the application that certain important questions are left out to be put to the witness during the course of cross-examination is no ground to recall them. At the same time, according to him, to fill up the lacuna, no witness can be recalled even at the instance of the accused. Therefore, he has requested that this revision application be rejected.