JASVANT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C has been filed to invoke the extra ordinary jurisdiction of this Court and to set aside the order dated 4.12.2017 passed by 5th ASJ Sagar in Criminal Revision No.250/2017, wherein the order dated 30.10.2017 passed by JMFC Sagar in Criminal Case No.1523/2015 has been affirmed.

(2.) Bereft of the unnecessary details, the facts requisite for disposal of this petition are that the petitioners are facing trial for offence under Section 341 , 323 , 294 , 427 & 506 / 34 of IPC. The medical officer PW/7 Dr.Sudhir Jain was examined on 21.12.2016. Petitioner filed an application under Section 311 of Cr.P.C to recall PW/5 Head Constable Pratap Singh, PW/7 Dr. Sudhir Jain and PW/8 R.S.Thakur for further cross-examination.

(3.) Learned trial Court dismissed the same by order dated 30.10.2017 stating that PW/5 Pratap Singh and PW/8 R.S.Thakur have been examined in detail with regard to the written application on the basis of which FIR has been lodged, as stated by PW/5 Pratap Singh. The effective cross-examination has been made to PW/5 Pratap Singh, therefore, in this regard further examination of PW/5 Pratap Singh and PW/8 R.S.Thakur is not necessary. Learned trial Court has also held that Dr.Sudhir Jain was examined as PW/7 on 21.12.2016. After the examination of the x-ray report he has given the opinion vide Exhibit- P/3. The report dated 10.2.2015 could not be exhibited. But on this ground only, it would not be appropriate to recall PW/7 Dr. Sudhir Jain.