BABU KHA Vs. RAUF

JUDGEMENT

(1.) This criminal revision under Sec. 438 & 442 of BNSS, 2023 is preferred being aggrieved by the order dtd. 29/10/2025 in ST No.62/2021 by Second Additional Sessions Judge, Bagli, District Dewas, whereby an application preferred under Sec. 348 of BNSS, 2023 has been allowed for further cross-examination of Babu Khan (PW-1) and Aslam Khan (PW-3).

(2.) The order has been challenged on the ground that the order recalling the witnesses for further cross-examination at this stage will cause grave prejudice to the prosecution and the complainant, as there is a real risk of the witnesses being tampered with or pressurized after a prolonged period, which is contrary to the mandate of a fair and speedy trial. Due to physical condition as a result of injuries sustained, it would be very difficult for the revision petitioners to appear for an exhaustive second round of examination.

(3.) On perusal of the record, it is seen that on the report of the revision petitioners, Crime No. 463/2021 was registered at Police Station Bagli, District Dewas, and on the report of the respondents, Crime No. 461/2021 was registered. The case against the respondents was pending before the Sessions Court, whereas the case against the revision petitioners was pending before the Magistrate Court. The revision petitioners were examined before the Sessions Court, and thereafter, the case against the revision petitioners, being a counter case, was committed to the Sessions Court. In this backdrop, the Sessions Court permitted further cross-examination by allowing the application for further cross-examination of the present revision petitioners. Since the present revision petitioners are facing trial before the same court, there is no illegality in the impugned order. The impugned order is just and proper, and no case for interference is made out.