G SHRIDHAR Vs. STATE OF A P

JUDGEMENT

(1.) Petitioners who are taking trial for an offence under Section 376 of IPC engaged a counsel. The cause way in which the counsel for petitioners conducted the proceedings before the Sessions Court should not only be frowned at, but should also be deprecated, for the reasons to be mentioned below.

(2.) During the course of trial, the learned counsel for the petitioners in the trial Court filed Crl.M.P.No. 89 of 2004 for recalling P.W. 1 on the ground that some important questions have to be put to her. That petition was dismissed by the learned trial Judge. Aggrieved thereby, petitioners preferred a revision to this Court in Criminal Revision Petition No. 1032 of 2004, which was dismissed by a learned Judge of this Court on 29-06-200.4. The trial went on and the other witnesses for prosecution were examined. Thereafter since the counsel for the petitioners in the trial Court seems to have given up the brief during the course of trial, petitioners engaged another counsel and filed Crl.M.P.No. 424 of 2004 for recalling P.Ws. 5, 8 and 10 for cross- examination, on the ground that those witnesses were not cross-examined by their previous counsel. By the impugned order, the learned trial Judge dismissed the said petition on the ground that cross-examination of P.Ws. 5, 8 and 10 was recorded as nil, and since there are no justifiable grounds to recall those witnesses; Hence this petition.

(3.) The contention of the learned counsel for the petitioners is that since the earlier counsel for the petitioners in the trial Court was absent when P.Ws. 5, 8 and 10 were examined petitioners could not cross-examine those witnesses and that counsel for the petitioners in the trial Court, for reasons known to him only, refused to appear for the petitioners and wanted them to engage another counsel, and so they had to change another counsel, and filed the petition to recall P.Ws. 5, 8 and 10, and since petitioners would be put irreparable loss if those witnesses are not cross-examined, an opportunity may be given to the petitioners to cross-examine P.Ws. 5, 8 and 10 by recalling them.