LAWS(ORI)-2002-9-21

GURU PRASAD DAS Vs. REPUBLIC OF INDIA

Decided On September 03, 2002
Guru Prasad Das Appellant
V/S
REPUBLIC OF INDIA Respondents

JUDGEMENT

(1.) AFFIDAVIT of the petitioner is filed in which he has provided the present address of the P.Ws. 4 and 5.

(2.) HEARD .

(3.) PETITIONER 's prayer is to get the indulgence of this Court in exercise of the power under Section 482, Cr.P.C. for issue of a direction to the trial Court in allowing to recall P.Ws. 4 and 5 for the purpose of further cross -examination. As it appears from the impugned judgment of learned Additional Sessions Judge petitioner's prayer to recall P.Ws. 1 to 5 and another for cross -examination was allowed in part by the trial Court on 7.3.2002 by directing petitioner to deposit cost of Rs. 1,000/ - for recalling P.Ws. 4 and 5 for further cross -examination. Instead of complying with that direction, petitioner remained absent and therefore, N.B.W.A. was issued against him. On 15.7.2002, petitioner was released on bail after he surrendered and thereafter he came up with the petition with the prayer to allow him to deposit the cost and to recall the witnesses and that prayer was refused by the trial Court so also by the revisional Court.