RAM MAHESH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and also the learned counsel for the state. It is contended by the learned counsel for the applicant that the trial court has rejected the application of the applicant for recalling the prosecution witnesses 1 and 2 for further cross- examination but the learned Sessions Judge has rejected the application and proceeded further and fixed the date for recording the statement of the accused under section 313 Criminal Procedure Code. It is further submitted by the learned counsel for the applicant that as the applicant's counsel in the court below was busy in conducting the Sessions trial, he could not appear before the Magistrate. Considering the circumstances, I find that the contention of the learned counsel carried substance and finds favour with me. In criminal cases, it is cardinal principle of law that the parties to the case should be afforded sufficient opportunity by the Presiding Officers to adduce their evidence. Sometimes owing to certain unforeseen circumstances, the accused fails to cross- examine the witnesses on some material points having bearing on the decision of the case. In such circumstances, if an application is moved by the accused for recalling any prosecution witness or witnesses for further cross-examination on some material points the Magistrate must consider the prayer favourably for a proper decision in the case otherwise the accused could be seriously prejudiced in his defence. Under the circumstances, the order of Chief Judicial Magistrate refusing to recall the prosecution witnesses 1 and 2 for further cross-examination is set aside and -instead, he is directed to summon the aforesaid witnesses for cross-examination by the accused. With these directions, this application under section 482 Criminal Procedure Code is finally disposed of.

(2.) OFFICE is directed to send a copy of this order to the learned Chief Judicial Magistrate for compliance. A certified copy of this order be also furnished to the learned counsel for the applicant on payment of usual charges within 3 days from today for production before the Chief Judicial Magistrate. Case allowed.