KALLU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By this petition, the petitioners only seek an opportunity to cross- examine one witness, who could not be cross-examined on behalf of the petitioner on 23.1.2012 because his advocate was out of station. An application was moved by the petitioner on 2nd day itself i.e. on 24.1.2012 seeking an opportunity to cross-examine the witness as he could not be cross- examined earlier by his counsel. It is stated in the application that cross- examination could not be conducted because the counsel had gone out.

(2.) Trial Judge, however, dismissed the application by the impugned order dated 23.1.12. The trial has proceeded on the assumption that cross- examination of the witness was complete as he was cross-examined by the other counsel who was appearing for other accused persons.

(3.) This is also view taken by the Hon'ble Supreme Court in case of Mohanlal Shamji Soni v. Union of India, 1991 CrLR 286 (SC).