DINESH SUNDERLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ALTHOUGH it was a petition Under Section 397, Criminal Procedure Code, as initially filed, but at a later stage it was permitted to be converted into a petition Under Section 482, Criminal Procedure Code, possibly with a view to make the scope of interference wider.

(2.) BY this petition the petitioner seeks to challenge the order dated 3-8-1990, passed by the 2nd Addl. Sessions Judge, Dewas, in S. T. No. 29 of 1988, thereby disallowing petitioner's application for recalling of two witnesses for the purpose of cross-examination.

(3.) LEARNED counsel appearing for the petitioner urged that the trial has been pending for over three years and the prosecution failed to produce witnesses on dates fixed and adjournments were granted to the State for production of witnesses, while the accused was refused an opportunity. Certified copies of the application and order-sheet dated 9-4-1990, as referred to in the impugned order, have now been produced by the learned counsel in support of his argument. Ramchandra and Suresh s/o Premnarayan, P. Ws. 9 and 10, respectively, were sought to be recalled on the ground that certain important questions were omitted to be put to these witnesses. This application was made while the Investigating Officer was still in the witness-box.