LAWS(ALL)-1997-7-183

MANOHAR LAL SAHU Vs. STATE OF U P

Decided On July 03, 1997
Manohar Lal Sahu Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Mr. Pradeep Chandra is appearing on behalf of the revisionist and Syed Mahmood, A.G.A. on behalf of the State. Heard both the sides. It appears that on 17.6.1995 after examination of P.W. 8, an application was filed on behalf of the accused- Appellant to cross-examine P.Ws. 1 to 7 which could not be done as according to him his lawyer Sri Harihar Narain Chaubey was indisposed. It appears from the record that as many as four adjournments were made at the request of the defence and I do not consider that any injustice was made in rejecting the application on 19.1.1995 but considering the fact that due to inaction or indifferent attitude of the previous lawyer, when charged, the accused person in trial should not be prejudiced and in that view of the matter, the natural justice this application of revision be allowed. The Sessions Judge is directed to fix up dates for examination of P.Ws. 1 to 8 and allow accused persons to cross-examine the witnesses on day-to-day basis. No adjournment is required to be allowed on any ground. After conclusion of the cross-examination of P.Ws. 1 to 8, the case will proceed according to law.

(2.) In view of the observations made above the order dated 19.1.1995 is hereby set aside. To that extent the revision is allowed.