(1.) In this petition, under section 482 of the Code of Criminal Procedure, petitioner has challenged the order dated 2/4/19 passed by V ASJ, Guna in S.T. No.265/18, whereby the trial Court has rejected his application under section 311 of the Cr.P.C. for recalling and re-examining the witnesses already examined.
(2.) Necessary facts for disposal of this case are that an application under section 311 of the Cr.P.C. was filed on 9/3/2019 stating that on 26/12/2018, complainant Shrikant Bairagi and eye-witnesses Shivnarayan and Ku. Jyoti had been examined. The said witnesses were cross-examined by a Junior Advocate namely Rakesh Sharma. However, he could not effectively cross-examine them on points such as cross-case, medical report etc, which may occasion into miscarriage of justice. Therefore, it was prayed that the aforesaid witnesses may be re-cross-examined by a senior Advocate for fair decision in the case. It was also pleaded therein that the parties had entered into a compromise.
(3.) The application was opposed by learned counsel for the respondents contending that mere change of counsel could not be a ground for re-examination of witnesses.
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