ANKIT Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard. Applicants who are accused in Sessions Trial No.714/14 for the offences punishable under sections 419, 420, 467, 468, 471, 120 -B of the IPC and under section ¾ of the Madhya Pradesh Recognized Examination Act, 1937 pending before the Additional Sessions Judge, Indore have filed the present petition under section 482 of the Cr.P.C against the order dated 14.10.2015 by which their application under section 311 Cr.P.C has been dismissed for recalling of witnesses PW/1, PW/2, PW/3 & PW/4 for cross examination.

(2.) As per the facts stated in the memo of the petition that the prosecution examined PW/1 Dr.Shubham Atal on 17.03.2015, PW/2 Dr.Pushpa Verma on 01.04.2015, PW/3 Dr.G.C.Agrawal on 26.05.2015 and PW/4 Dr.Pradeep Fadnis on 07.07.2015. Except Dr.Pushpa Verma all were cross examined by the counsel for the applicants. During examination -in - chief of Dr.N.M.Shrivastava (PW/5) on 07.07.2015, he produced additional document which was not part of the Challan. Counsel for the accused immediately objected the manner in which the document was filed but learned trial Judge has turned down the objection and permitted the prosecution to file the same which was exhibited as Ex.P/6. Thereafter vide order dated 08.07.2015, right of cross examination of PW/5 & PW/6 was closed. Against the said order dated 08.07.2015, applicants approached this Court by way of M.Cr.C.No.6242/15 and vide order dated 09.09.2015, the petition was disposed of with a direction to the trial Court to grant opportunity to the applicants to cross examine PW/5 and PW/6 and further directed to decide the pending applications filed under section 311 of the Cr.P.C.

(3.) That after exhibiting Ex.P/6, applicants filed an application under section 311 of the Cr.P.C for recalling of witnesses PW/1, PW/2, PW/3 & PW/4 (Annexure P/5). In the said application, it is stated that Ex.P/6 was directly exhibited in the testimony of PW/5 and in the interest of justice for a fair trial opportunity be given to cross examine PW/1, PW/2, PW/3 & PW/4 with respect to Ex.P/6. Vide order dated 14.10.2015, the said application was rejected by the trial Court on the ground that the application is not proper and bona fide and that would cause delay to the trial.