PRASHANT WASUDEORAO ZORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of the learned Counsel appearing on behalf of the respective parties. Shri A.H. Laddhad, the learned Additional Public Prosecutor waives notice on behalf of the respondent /State.

(2.) The facts, which give rise to filing of the present application, can be summarised as under :-

(3.) Shri Khajanchi, the learned Counsel for the applicant, by inviting my attention to the order-sheet which is placed on record, submits that on 11.04.2012, the summons was issued to the witness and thereafter nearly on twenty dates, the applicant/accused was present on most of the dates. The witness was absent and on some dates it was for the Court's engagement in other work, the matter was adjourned. The learned Counsel for the applicant further submits that on 21st January, 2015, on a bona fide and justified ground, an adjournment was sought and the same was rejected by the learned lower Court. Shri Khajanchi, the learned Counsel for the applicant also submits that as the matter i.e. offence charged against the applicant/accused is under the provisions of Prevention of Corruption Act, the applicant/accused is facing a serious charge and in such a situation a proper and meaningful cross-examination of the witness is must and necessary. He further submits that as per the provisions of Section 311 of the Code of Criminal Procedure, the exercise of seeking recall of the witness and re-examination of the witness can be undertaken at any stage of enquiry, trial or proceeding for the just decision of the case. The submission of Shri Khajanchi, the learned Counsel for the applicant is that if meaningful cross-examination of the material witness i.e. complainant is not conducted, it may result into serious prejudice to the applicant/accused and it would not then lead to the object i.e. just decision of the case which are the key words of Section 311 of the Code of Criminal Procedure. The further submission of Shri Khajanchi is that the examination of the witness is not mere formality likewise cross-examination of the witness. Shri Khajanchi, the learned Counsel for the applicant thus, on this submission, prays for quashing and setting aside the order passed by the learned Sessions Judge, Chandrapur and remitting the matter back to the learned Sessions Judge, Chandrapur.