SACHIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been filed by the petitioner under Section 482 of the Cr.P.C. being aggrieved by the order dated 6.1.2021 passed by the learned IIIrd Additional Sessions Judge, Barwah in S.T.No.116/2013 whereby the right of the petitioner/accused to cross examine the Investigating Officer has been closed.

(2.) Brief facts giving rise to the present petition are that the petitioner is facing the trial for offence under Sections 342, 366, 376 of the IPC in the Court of IIIrd Additional Sessions Judge, Barwah, District Khargone wherein the Investigation Officer, P.W./15 D.K. Tiwari was being examined and in the course of his cross examination on 6.1.2021, a question was asked by the counsel appearing of the petitioner/accused which, according to the learned Judge of the trial court, was a matter of argument only and was not relevant. Hence, on this question the learned Judge of the trial court directed the counsel appearing for the petitioner not to ask such irrelevant questions, otherwise his right to cross examine the witness can be closed. However, when the subsequent question was asked by the counsel for the petitioner, which according to the learned Judge was also irrelevant, the learned Jude closed the right of the petitioner/accused to cross examine the witness vide impugned order dated 6.1.2021.

(3.) Counsel for the petitioner has submitted that the questions which were put to the Investigating Officer were relevant and even otherwise the learned Judge of the trial court ought not to have closed the right of the petitioner which is a valuable right and all the more important in a serious offence like Section 376 of IPC. Thus, it is submitted the impugned order be quashed and the learned Judge of the trial Court be directed to allow the petitioner to cross examine the Investigating Officer.