ROHIT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri J.P.N. Raj, Advocate, holding brief of Sri Pramod Shukla, learned counsel for the applicants and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed to set-aside the impugned order dated 6.6.2019 passed by Sessions Judge, Baghpat in S.T. No.403 of 2017 (State vs. Rohit and others), arising out of Case Crime No.122 of 2017, under Sections 147, 148, 149, 302/34 I.P.C., P.S. Baleni, District Baghpat whereby the learned Judge dismissed the application under Section 311 Cr.P.C. to recall PW-1 for cross-examination.

(3.) Submission of the learned counsel for the applicants is that the learned Sessions Judge has illegally closed the opportunity of cross-examination by the defence on behalf of the applicants vide order dated 19.9.2018 and further the application for recalling the aforesaid order has also been illegally rejected by the learned Judge vide impugned order dated 6.6.2019. Learned counsel has submitted that if the defence is not given proper opportunity to cross-examine PW-1- Mange Ram, who is the first informant of the case, it will cause a serious prejudice to defence case as his testimony would go unrebutted. It is further argued that it is a fundamental right of an accused to have fair trial as envisaged under Article 21 of the Constitution and if the impugned orders are not set-aside then the main object of affording fair trial to accused in the spirit of life and liberty shall be greatly jeopardized. It is further argued that the courts have an over-riding duty to maintain public confidence in the administration of justice - often referred to as the duty to vindicate and uphold the 'majesty of the law'. It is submitted that the powers to recall a witness under Section 311 Cr.P.C. is a very wide and could be exercised for the just decision of a case. The Section 311 Cr.P.C. empowers the Courts to recall material witness at any stage of enquiry or trial, if his evidence appears to it to be essential to the arrival at the just decision of a case.