JUDHISTIR DAS Vs. JHARI DAS

JUDGEMENT

(1.) THIS revision is at the instance of one of the accused persons challenging the legality of the order dated 7.11.1997 passed by the Sub -Divisional Judicial Magistrate, Banki, in ICC Case No. 14 of 1996, whereunder the learned Magistrate did not permit the counsel for the accused persons to put some questions to C.W. 2 with reference to his statement in the enquiry under Section 202, Cr.P.C. While rejecting the said petition, the S.D.J.M. observed that the accused persons are at liberty to further cross -examine C.W. 2 as per law, possibly meaning thereby that C.W. 2 can be further cross -examined after framing of charge. The learned counsel for the petitioner has also invited my attention to the recording made in the deposition to the following effect: