DESRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionist has approached this Court with the prayer for quashing the impugned order dated 2.4.2004 passed by the Additional Sessions Judge (F.T.C-II) Kairana, District Muzaffarnagar. By the impugned order, the learned court below allowed the application of the accused-respondents under Section 311 of the Code of Criminal Procedure (to be referred as Cr.P.C. hereinafter), and has permitted the cross-examination of the revisionist/ witness P.W. 1.

(2.) The brief facts giving rise to the present revision are that for the act of the murder of his father Jhodha and causing severe injuries to the inmates of the house, the revisionist lodged a report naming three persons and others unnamed. On this report, the investigation followed and charge sheet was submitted against three nominated accused and two others.

(3.) On the basis of the charge sheet and other prosecution documents, trial followed in which on 13.2.2004, the revisionist being the complainant was examined as P.W. 1. The cross examination could not be concluded on this date and it continued on the next date, i.e. 20.2.2004 as well. On this date, the revisionist was discharged after the cross examination was closed. After this date, on 2.4.2004, on behalf of the accused persons, an application was moved with the prayer that the revisionist,P.W. 1 be recalled for further cross examination. It is proper to mention it here that no ground whatsoever was mentioned in the application as to why the witness is being sought to be recalled except that it was necessary. This application by the impugned order was allowed by passing the order which is impugned in the present revision.