JAGADESH Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Sec. 311 of Cr.P.C. to recall PW1 to PW8 for the purpose of cross-examination.

(2.) It is seen from the records that the petitioner is facing trial before the court below for the offences under Ss. 294(b), 307 and 326 of IPC. When the trial commenced on 25/10/2018 and LW1 to LW8 were produced before the trial Court, the petitioner took a very specific stand that even though he is represented by a counsel, he does not want to be represented by any advocate and he himself will conduct the cross-examination. This was taken into consideration by the trial Court and the petitioner proceeded to cross-examine eight witnesses who were examined by the prosecution. All of a sudden, the petitioner became wiser and he thought that he should take the services of an advocate and therefore filed a petition under Sec. 311 of Cr.P.C on the ground that he is engaging the services of an advocate and the advocate will have to cross-examine PW1 to PW8.

(3.) The Court below found that the petitioner, having taken a specific stand, even though he had an advocate assisting him before the Court, cannot be permitted to turn around and take a different stand and the entire exercise has been done only to protract the proceedings.