HARVINDER Vs. IIND ADDL. DISTRICT JUDGE, MEERUT

JUDGEMENT

(1.) Harvinder Singh has filed this revision against the judgment and order dated 11.8.2000 passed by IInd Addl. District Judge, Meerut by which the application of the revisionist for recalling P.W.2, Lekhraj and P.W.3 Safeeq for further cross-examination in S.T. No. 2554 of 1995 has been rejected. Heard Sri Vijay Prakash, learned counsel for the revisionist and the learned A.G.A.

(2.) It is contended that both the witnesses have filed affidavit before the IInd Addl. District Judge, Meerut (Annexure No. 1 and 2) but certified copy of the statements have not been filed. Photo-copy of the statements filed today are taken on record. It is further contended on the basis of these affidavits that both the witnesses mentioned above have filed affidavits denying their presence at the time of alleged incident. It will be in the interest of justice to recall them for further cross-examination. The trial court, without considering the necessity to recall those witnesses, has rejected the application filed by the revisionist. As such impugned order challenged be set aside.

(3.) The revisionist is facing trial tinder Sec. 376/302 I.P.C. and both the witnesses namely P.W.2, Lakh Raj and P.W.3 Safeeq were cross-examined by the defence and question was also put to them as to whether they have filed any affidavit denying their presence at the time of alleged incident but they have denied to file any affidavits and the affidavits at the time of passing of the impugned order were also not on record before the trial court. By moving an application for recalling these witnesses, revisionist wants to bring those affidavits on record. The trial court, after hearing the arguments advanced by the learned counsel for the revisionist, has passed a detailed order rejecting the application filed by the revisionist to recall P.W.2 and P.W3 for further cross-examination.