HARBHAJAN SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) Present criminal revision has been filed under Section 401 of the Code of Criminal Procedure for quashing of order dated 07.03.2013 passed by learned Judicial Magistrate First Class, Patiala, whereby application of the petitioner for recalling CW1 Kuldeep Singh for further cross-examination has been dismissed.

(2.) Brief facts of the case are that CW1 Kuldeep Singh was crossexamined on 09.01.2012 and 24.01.2012. It is contended that during the cross-examination, some material questions were not put to the witness by the counsel for the petitioner regarding civil suit filed on the basis of pronotes and receipts, business of commission agent of the complainant, lodging of complaint against his son, etc. The learned Trial Court after considering the cross-examination of CW1, has dismissed the application and recorded the following findings:-

(3.) Keeping in view the finding recorded by the learned trial Court and the fact that CW1 was cross-examined twice regarding execution of pronote and receipts and other relevant questions, with the change of counsel for the accused-petitioner, he cannot be permitted to recall the witness for further cross-examination. If this is allowed, then there will be no end and the witness will continue to be recalled with the change of defence counsel representing the accused. Besides this, the documents on the basis of which the petitioner wants to cross examine, were already within the knowledge of the petitioner. Rather, on material aspects the questions have already been put during cross-examination.