SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of the impugned order dated 10.03.2016 passed by learned Addl. Sessions Judge, Hisar, vide which the application under Section 311 Cr.P.C. filed by accused-petitioner was dismissed. I have heard learned counsel for the petitioner and have gone through the record.

(2.) After taking the reply, learned Addl. Sessions Judge, Hisar, vide impugned order dated 10.03.2016 dismissed the application. I have gone through the impugned order dated 10.03.2016 passed by learned Addl. Sessions Judge, Hisar. I find that the impugned order is correct and as per law. Learned Addl. Sessions Judge, Hisar has discussed the law laid down by the Hon'ble Supreme Court in Mishrilal and others vs. State of M.P. and others, 2005 AIR(SCW) 2770 , in which it is held as under:-

(3.) In view of the above law, which is relied upon by learned trial Court, I find that no illegality has been committed while passing the impugned order. Once the witnesses have been examined and cross-examined, they cannot be recalled to deny the evidence already given by them. They can only be confronted at the time of their examination with the previous statements as per law. Even, they cannot be confronted with the statement recorded subsequently.