THANSINGH AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of Cr.P.C., 1973 has been filed against the order dated 16-3-2018 passed by Additional Sessions Judge to the Court of First Additional Sessions Judge, Shivpuri, in S.T. No. 241/2012 by which the application filed by the applicants under section 311 of Cr.P.C., 1973 for recalling some of the prosecution witnesses, has been rejected.

(2.) The necessary facts for the disposal of the present application in short are that the applicants are facing trial. The prosecution witnesses were examined and the applicants had also cross examined them. On 16-3-2018, the prosecution closed its evidence. An application under section 311 of Cr.P.C., 1973 was filed by the applicants, seeking recall of Dr. Ratiram Mathur (P.W.2), Bhavoot Singh (P.W.3), Vikram Singh (P.W.4), Surendra Singh (P.W.5), and the Investigating Officer Rajvir Singh (P.W.9), on the ground that, during their cross examination, some important questions could not be put to these witnesses. It was mentioned in the application that since, a cross case has also been registered on the report of the accused party, and since, questions were not put to these witnesses, therefore, the above mentioned witnesses be recalled. To buttress his contentions, the Counsel for the applicant has relied on the judgment dated 27-10-2015 passed by a co-ordinate Bench of this Court in the case of Jaidev v. State of M.P. (Cr.R. No. 1237/2015) .

(3.) The Trial Court by order dated 16-3-2018, rejected the application on the ground that since, the certified copies of the cross case have already been taken on record and have been marked as Exhibits, therefore, now there is no need to recall the witnesses.