AKBAR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD finally with the consent of both the parties.

(2.) THIS revision petition under Section 397/401 of Cr.P.C. assails the order dated 16/1/2015 passed in SST No. 93/14 by the learned Additional Sessions Judge, Karera, district Shivpuri whereby the application under Section 311 Cr.P.C. preferred on behalf of the accused -petitioner has been dismissed on the ground that the witnesses have already been examined/cross - examined at length and thereafter case has been fixed for final arguments.

(3.) LEARNED counsel for the petitioner reiterated that the counsel engaged by the petitioner has failed to conduct cross - examination of witnesses properly; that material portions of the evidence available on record have not been put to the witnesses to contradict their statements; the failure of the counsel to elicit these contradictions precludes the petitioner from putting forth an effective defense and in such circumstances, the petitioner moved an application under section 311 of Cr.P.C. by expressing his wishes to engage Shri Prem Singh Bhadoriya, Advocate but the learned trial court failed to appreciate the averments taken above and rejected the application. It is submitted by the counsel that the change of the counsel shall not improve the matter for the petitioner and no prejudice would be caused to the prosecution if the application is allowed. On the other hand, the accused would be more prejudiced on account of the failure of his counsel to effectively cross -examine the witnesses. Therefore, it is submitted that the present is a fit case where in the interests of justice, the application should have been allowed by the trial court.