MUNENDRA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 CrPC for setting aside the impugned order dated, 11.2.2010 passed by ASJ Gwalior in Crimi-nal Revision NO. 32/10 filled against order of JMFC Gwalior and to set aside the order dated 7.1.2010 passed by the JMFC Gwalior in Criminal case No. 2975/09.

(2.) Facts in a nutshell giving rise to this petition are that charge-sheet has been filed against the petitioners concerning Crime No.6/07 for offence punishable under Sec-tion 498A, 406 IPC and Section 3/4 of Dowry Prohibition Act and a criminal case is pend-ing against them in the court of JMFC Gwalior. The trial court has framed charges and complainant was examined on 19.11.07 in the trial court and she was cross-exam-ined by petitioners counsel in that case. Then one application was moved on 31.1.08 under Section 311 for recalling complain-ant Jyoti for cross-examination. That appli-cation is rejected. Thereafter another appli-cation is filed by petitioners under Section 311 CrPC on the same ground that applica-tion is dismissed by trial court and revision referred against that order is dismissed on 11.2.10 giving rise to present petition.

(3.) It is contended on behalf of the peti-tioners that on the date fixed for cross-ex-amination of complainant'Jyoti and she was cross-examined by junior counsel and jun-ior counsel was unable to cross-examine her on some important .material point concern-ing allegations levelled by her against peti-tioners, it is necessary to cross-examine her. The trial court and revisional court erred in disallowing the application under Section 311 CrPC because her cross-examination is necessary for fair, real and proper adjudi-cation of the matter, Hence it is prayed that orders of both the courts below being illegal and improper are liable to be set aside.