KHALIL Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. This revision has been directed against the order dated 1-12-1994 passed by the IXth Addl. Sessions Judge, Meerut in Session Trial No. 779 of 1990 (State v. Khalil and others) under Sections 147, 148, 307, 149 and 302/149, IPC, P. S. Kithor, Meerut recalling its order dated 21-9-1v94. It appears from the record that PW-2 Smt. Maqsoodan was examined on 20-8-1993 by the trial Court. On that date Sri B. P. S. Tomar advocate, cross-examined PW-2 Smt. Maqsoodan. He did not cross-examined PW-3 Sri Mukhtar. On 5-8- 1993 Sri Raj Kumar Goel moved an application for per mission to cross-examine PW-3 Mukhtar. This application was allowed. The cross-examination of PW-3 Mukhtar was completed on 18-8-1993. On 15- 10-1993 PW-4 Jayveer Singh and PW-5 Dr. S. K. Johari were examined. Sri Raj Kumar Goel then moved an application for recalling PW-2 Smt. Maqsoodan for further cross-examination. This application was rejected and a date for further prosecution evidence was fixed. On 21-9-1994 another appli cation for recalling PW-2 Smt. Maqsoodan was moved. This application was allowed. Thereafter an application was moved by the first informant for setting aside that order. The trial Court recalled its earlier order dated 21-9-1994 and fixed a date for further evidence of the prosecution.

(2.) THE main point urged in this revision is that the trial Court has no jurisdiction to recall its own order. This argument cuts both ways. THE application moved on behalf of the prosecution for recalling PW-2 Smt. Maqsoodan for cross-examination was rejected earlier. THE trial Court had, therefore, no jurisdiction to recall that order and permit the accused to further cross-examine her. THE order of the trial Court passed subsequently for recalling PW-2 Maqsoodan for cross-examination was not in accordance with law. If that wrong order was subsequently recalled, it cannot be said that the trial Court committed any mistake. From order itself it appears that the revisionist was given full opportunity to cross-examine PW-2 Smt. Maqsoodan and in fact she was cross-examined to the satisfaction of the counsel for the revisionist in the trial Court.