BANMALI KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) D.R. Sharma, Counsel for the applicant. Shri Prakhar Dhengula, Panel Lawyer for the respondent/State.

(2.) This petition under Sec. 482 of Crimial P.C. has been filed against the order dated 20-2-2015 passed by Special Judge (MPDVPK Act), Datia in special Case No. 22/2003, by which an application filed by the applicant under Sec. 311 of Crimial P.C. for recalling the witnesses, who were examined after 25-6-2008 has been rejected.

(3.) The necessary facts for the disposal of this petition are that the applicant along with other co-accused persons are facing trial. On 25-6-2008 the applicant did not appear before the trial Court and, therefore, arrest warrant was issued and recording of evidence started. Certain witnesses were examined during the period when he was absconding and, therefore, neither the applicant nor his counsel could examine those witnesses. After the applicant was arrested then he filed the application under Sec. 311 of Crimial P.C. for recalling the witnesses who were examined in his absence. The application was rejected by order dated 20-2-2015 on the ground that the applicant himself had absconded and by order dated 25-10-2008 the proceedings against the applicant were separated and, therefore, his application for recalling the witnesses for further cross-examination cannot be accepted.