PREETAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is preferred by the accused/petitioners under section 482, Cr.P.C. invoking the inherent powers vested in this Court, for recalling P.W. 15, the Investigating Officer Suresh Chandra Sharma, for evidence at the trial.

(2.) IT is contended that although at the trial this witness was examined and cross -examined by the parties, when he appeared in the Court and after his cross -examination, the witness was discharged, but there are certain contradictions which could not be proved by defence through the witness. It is urged that the interests of justice, therefore, demand that the Investigating Officer be recalled. The petitioners further contend that the Court is vested with the powers to recall the witness at any stage of the trial, as such, the delay does not defeat their prayer.

(3.) THE petitioners' counsel has relied upon the authority of Mohanlal Shamji Soni v. Union of India and another (1991 Cri.L.J. 1521), to contend that the witness can be recalled/re -examined at any stage of the proceedings. It was also contended that the doctor was still to be examined in evidence by the prosecution. As such, there was no substantial delay in making the prayer of recalling the Investigating Officer. Their Lordships of the Apex Court in the relied authority observed that: