MANVIR SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved by Manvir Singh and two others with the prayer that the order' dated 2-12-1983 passed by Sri Y. S. Raizada, III Additional Sessions Judge, Bulandshahr, rejecting the petitioner's application for permission to cross-examine the witness Kaptan Singh, whose evidence has been tendered by affidavit under Section 296 sub-clause (1) of the CrPC be quashed.

(2.) THE facts which have given rise to this petition are briefly put as below.

(3.) THE petition is allowed. THE order dated 2-12-1983 passed by Sri Y. S. Raizada, III Additional Sessions Judge, Bulandshahr rejecting the petitioner's prayer for cross-examining Kaptan Singh on the facts contained in his affidavit is hereby quashed. THE learned Sessions Judge shall summon Kaptan Singh Constable and afford sufficient opportunity to petitioner's counsel to cross-examine him as to the facts contained in his affidavit. THE stay order is vacated. THE learned Sessions Judge to proceed with the trial without further delay. --- Petition allowed.