DINESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is, for setting aside the order dated 30.5.2006, passed by the Additional Sessions Judge (Adhoc), Jalandhar, whereby an application filed by the petitioner, under Section 311 of the Cr.P.C., has been dismissed. I have heard learned counsel for the petitioner, perused the paper book as also the impugned order.

(2.) THE sole ground, upon which, recalling of a witness is prayed is that the petitioner's earlier counsel did not cross examine the witnesses effectively, as the petitioner, being confined to jail, could not instruct him adequately. THE above contention is factually incorrect. THE earlier counsel cross-examined 15 witnesses and it cannot be believed that this crossexamination was conducted without instructions from the petitioner. THE impugned order does not reveal any error of jurisdiction that would warrant interference in the exercise of jurisdiction under Section 401 of the Cr.P.C. Dismissed.