MOHD. KADEER Vs. ABDUL WAHID

JUDGEMENT

(1.) PETITIONER Mohd. Kadeer, who is facing trial on charges under sections 452, 323 and 506 -B. of the IPC, has filed this revision petition against the impugned order dated 14.8.97, passed by Additional Sessions Judge, Panna. in Cr. Revision No. 73/94.

(2.) AT the tria1, non -petitioner Abdul Wahid was examined as PW 2, on 17.6.94. This witness Abdul Wahid filed an application, purporting to be one under section 311 CrPC (Annexure 2), on 16.8.94, seeking his re -examination as a witness in the case. The sole ground pressed into service, in support of the above prayer was that while his examination as a witness, on 17.6.94, in para 10 of his deposition, it has come to be mentioned that "YEH SAHI HAI KI KADEER NE MERI KOI MARPEET NAHI KI", whereas, claimed the witness, he did not depose to that effect at all. The petitioner accused seriously opposed the above prayer of the witness.

(3.) BEING aggrieved of the above dismissal of his application, non -petitioner/ witness Abdul Wahid filed a revision petition before the Court of Sessions. The learned Additional Sessions Judge. Panna dis -agreed with the trial Court's view and. therefore, while allowing the revision petition directed the trial Court to recall Abdul Wahid, for his further examination.