JITENDRA GOYAL Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of learned Counsel for the parties, matter is heard finally.

(2.) Petitioner/complainant has filed this petition under Section 482 of Code of Criminal Procedure for setting aside order dated 11.2.2011 passed by Special Judge (Dacoity), Gwalior, whereby application filed by Respondent No. 2 under Section 311 of Code of Criminal Procedure for recalling witnesses Raju Gupta and Suresh whose statements have been recorded in his absence and for calling Savant Singh as prosecution witness, has been allowed.

(3.) Facts in nutshell giving rise to this petition are that on the report of Petitioner/complainant Crime No. 106/2005 has been registered against Respondent No. 2 and others at police Station, Inderganj, Gwalior, under Section 302 of IPC and Respondent No. 2 is facing trial before Special Judge, Gwalior. When charge-sheet was filed, at that time, Respondent No. 2 was absconding and case was tried against co-accused and Respondent No. 2 appeared before learned trial Court afterwards. When the case was fixed for defence evidence, one application was filed on 3.2.2011 by Respondent No. 2 before trial Court on the ground that prosecution witnesses Raju Gupta and Suresh have been examined in his absence, hence, they are to be recalled and one witness Savant Singh, who has not been examined by prosecution, is to be examined as a prosecution witness. That application has been allowed by trial Court giving rise to this petition.