DINESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under section 397/401 Cr.P.C. the petitioner, who is being tried under section 376 of the Indian Penal Code in Sessions Trial No. 174/94 has challenged the order dated 2.5.1995 whereby his application for recalling two of the prosecution witnesses for cross -examination has been rejected. 1991 MPLJ 431); Stateof M.P. v. Pahalwan Singh (1977 (I) MPWN Note 157) and Nanalal v. State of M.P. (1982 MPWN Note 5).

(2.) AFTER hearing counsel am of the opinion that the application made by the applicant is not for the purpose of vexation or for delaying the case or for delaying the ends of justice. On the other hand on going through the cross -examination, it is apparently clear that there is no effective cross -examination and if the applicant is not allowed to cross -examine further, that will defeat ends of justice, us the counsel representing the applicant was a Junior counsel who has not even put in one year's practice, at the Bar.

(3.) ACCORDINGLY , the revision is allowed. De trial Court is directed to recall the two witnesses, namely, Saraswatibai (P.W. 7) and Santosh (P.W. 8). For that summons be issued in ordinary manner as well as by registered post and Hamdast notice be also given to the counsel for the applicant giving a fix date of bearing of this month only. If on the date so fixed, the applicant fails to cross -examine the aforesaid two witnesses on any count, he shall not be permitted for further cross -examination.