SUDHIR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is being heard finally at motion stage.

(2.) THE petitioner -accused has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C) being aggrieved by the order dated 24 -02 -2015 (Annexure -1) passed by the Court of First Additional Sessions Judge, Khandwa in ST No. 199/13 dismissing the application filed by the petitioner under Section 311 of the Cr.P.C for recalling the witnesses namely Rajiv Jain (PW -2), Santosh Jain (PW -3), Shyam Soni (PW -4), Mala Ahirwar (PW -13), Narendra Kumar (PW -23), Manoj Parikh (PW -25), Rajesh Chawda (PW -26) and Rajesh Parikh (PW -27) for cross -examination physiological state.

(3.) THE learned Panel Lawyer opposing the submissions made on behalf of the petitioner submits that the counsel for the petitioner was present before the Court and he could have cross -examined the witnesses as he was conducting the trial from the beginning, hence, the order passed by the trial Court is just and proper.