RAMA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This revision is directed against the order dated 2-4-96 passed by the District Judge, Kanpur Nagar in S. T. No. 134 of 95, State v. Nanhkau.

(2.) FORMERLY, the accused had engaged no private counsel. There fore, amicus curiae, was provided to him at a later stage. On 17-8-95, the accused engaged a private counsel. Thereafter, he prayed that two witnesses, namely, PW 1 Gauri Shanker and PW 2 Arvind Kumar, who had already been cross-examined by the learned amicus curiae, be recalled for further cross-examination. The learned lower court has rejected this application without assigning any reason.

(3.) THE revision, is, therefore, allowed. THE order dated 2-4-96 passed by the learned lower court is set aside. THE learned lower court shall recall the aforesaid these two witnesses only for further cross- exami nation by the learned counsel for the accused on 2-7-96. THEreafter pro ceedings shall be taken on day-to-day basis and he shall decide the matter in accordance with law. A copy of this order shall be given to the learned counsel for the revisionist on payment of usual charges. Revision allowed. .