RAM ABHILAKH Vs. STATE OF U P

JUDGEMENT

(1.) A. S. Gill, J. This is a petition under Section 482, Cr. P. C. for quashing of the order dated 16-9-95 passed by the trial Judge rejecting the application under Sec tion 311, Cr. P. C. for recalling the witnesses already examined. After hearing the parties, this Court is of the opinion that there is no merit in this petition. The petitioners are facing trial under Section 147/148/323/ 324/307 I. P. C. During the pendency of the case the witnesses were examined and they were cross-examined. However, the petitioners engaged another counsel, who moved an application initially on 26-6-95 for recalling of the two witnesses examined earlier on the plea that petitioners had engaged a counsel with less experience and cross-examination could not be conducted properly and in order to cross-examine the witnesses more they may be recalled. That application was rejected. Another applica tion was moved on 5-7-95 on the same very ground which was rejected by the impugned order. Learned trial Judge has observed that the witnesses have been effectively cross-ex amined earlier and there is hardly any scope for permission to recall any witness for fur ther cross-examination.

(2.) LEARNED counsel for the petitioner has contended that the counsel engaged ini tially was of less experience and as such the cross-examination could not be conducted properly. Learnm counsel for the petitioner read the statements made by the witnesses including the cross-examination. It is a lengthy cross- examination and covers almost all the aspects of the case and it cannot be said that the witnesses were not effectively cross- examined. It goes without saying that the provisions of section 311 Cr. P. C. can be used in exceptional cases and that too for the purposes of just decision of the case by the Court. It is also well settled that such applications are not to be allowed to fill up the lacuna in the evidence of either parties of the case. Accordingly, there is no illegality in the order of the trial Judge and the petition is without merit and the same is dismissed. Petition dismissed. .