NIHAR RANJAN JAMADAR Vs. NAKUL BARMAN AND ORS

JUDGEMENT

(1.) The present revision is directed against the order dated 23.07.2003 passed by the Ld. Additional Sessions Judge, 5th Court, Midnapore in Criminal Revision No. 206/2001 reversing the order dated 15.05.2001 of Ld. Judicial Magistrate, 3rd Court, Tamluk in case No. 1312C/95 rejecting the prayer for re-cross-examination of P. Ws. 1, 4 and 7.

(2.) The present petitioner instituted the aforesaid complaint case being No. 1312C/95 u/ss 323/379 I. P. C. where four P. Ws. were examined before charge and after charge three more witnesses were examined. All the said seven witnesses were cross-examined after charge followed by examination of the accused persons u/s 313 Cr. P. C. A date was fixed for defence witness and argument. As no defence witness was examined, the matter was taken up for argument when an application was filed by the defence u/s 311 Cr. P. C. read with Section 138 of the Evidence Act for re-cross-examination of P. Ws. 1, 4 and 7 on the ground of omission of cross-examination on certain points which was rejected by the Ld. Magistrate by order dated 15.05.2001 but upset in the said criminal revision by the impugned order.

(3.) Being aggrieved by and dissatisfied with the said order, the present revision has been preferred by the petitioner/complainant.