ARIF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 of Cr.P.C. being aggrieved by the order dtd. 30/1/2023 by 3rd ASJ, Dewas whereby the application under Sec. 311 of Cr.P.C. filed by the petitoners have been rejected for recalling of the witness for further cros-examination.

(2.) In the said proceedings, an application under Sec. 311 of Cr.P.C has been filed by the petitioners for recalling the witness investigating officer i.e. PW-18 for further cross examination on the ground that subsequent to his cross-examination, two other witnesses namely Shivcharan PW-19 and Shankardas PW-20 were also examined however, the discrepancies in their evidence could not be put to the Investigating Officer because he was already examined at that time. In the aforesaid application it was stated that earlier also, an application was filed under Sec. 311 of Cr.P.C. for recalling the witness PW-6 for further cross-examination and his cross-examination was also conducted and in respect to further cross-examination also, the statement of Investigating Officer would be needed. The aforesaid application was dismissed by the trial Court on the ground that no reasons are made out and in such facts, if came into the deposition of these witnesses it requires further cross-examination of the I.O.

(3.) In view of the aforesaid, the impugned order is set aside and the petition is allowed.