AMBIKESH SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. filed by the petitioner, challenging the order dated 19.01.2019, passed by 2nd Additional Session Judge, Link Court Rampur Naikin, District Sidhi (MP), in Session Trial No.212/2009, whereby the learned 2nd Additional Session Judge has rejected the application filed by the petitioner under Section 311 of the Cr.P.C. for examining the witness namely Anil Kumar Soni.

(2.) Learned counsel for the petitioner submits that the petitioner is facing trial before the Court of 2nd Additional Session Judge, Link Court Rampur Naikin, District Sidhi (MP). During trial he has filed an application under Section 311 of Cr.P.C. stating that from perusal of statements of the witnesses he came to know that there was an agreement has been executed between witness Anil Kumar Soni and petitioner on 18.10.2010 and same has been notarized by notary, but due to mistake of his earlier counsel question in this regard could not be asked to witness namely Anil Kumar Soni. He submits that it is much necessary to ask about the same to just decision of the case. The photocopy of the said agreement is annexed by the petitioner in the record but original is under the possession of witness Anil Kumar Soni. The learned trial Court erred in passing the order of rejection whereas it is prima facie shows that if the question regarding affidavit shall not be asked to the witness then petitioner is deprived to get fair justice.

(3.) On the other hand learned counsel for the respondent/State opposes the same and submits the witness Anil Kumar Soni has already been examined and cross-examined by the petitioner's counsel and only on the ground of mistake of counsel as he was failed to ask the question, recalling of witnesses cannot be permitted. He prays for dismissal of this petition.