RANCHHOD Vs. MUNICIPAL CORPORATION OF INDORE

JUDGEMENT

(1.) This application in revision has been filed by the petitioner accused, against an order dated 11-5-1975 passed by the learned Municipal Magistrate First Class, Indore, in Criminal Case No. 4118/72, whereby the petitioner's application for permission to cross-examine the prosecution witnesses, already examined by recalling them, has been dismissed.

(2.) The brief facts of the case are that a prosecution has been launched against the petitioner as a milk vendor, for an offence under section 7(1) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, on 10-5-1972 when the petitioner was also present in the trial court on that day. The prosecution witness Vishnu Chandorkar (P.W. 1), the Food Inspector, was examined on 24-8-73, before charge, when the petitioner did not cross-examine him. Thereafter, the charge was framed against the petitioner on 18-10-73 when he prayed that the said witness Vishnu Chandorkar (P.W. 1) be called for his cross-examination, which prayer was allowed and the case was adjourned to 5-2-74 for that purpose. However, though this witness was present in the Court, the petitioner declined to cross-examine him. After a sufficient long interval, another prosecution witness Girdhari (P.W. 2) was examined on 30-4-75 but the petitioner refused to cross-examine him also.

(3.) On 21.5.75 when the case was fixed for the petitioner's statement and his evidence, if any, he submitted an application through his counsel, who was engaged on that day, praying that being illiterate and poor he could not engage any counsel till then and he should now be permitted to cross-examine the said two prosecution witnesses by recalling them, which prayer was rejected by the Court resulting in filling of this revision.