SURESH KUMAR GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under Sections 397,401 read with Section 482 of the Criminal Procedure Code. 973 (hereafter referred to as the Code) is directed against the order dated 15.1.2002 passed by the learned special Judge. Solan whereby the application of the petitioner/accused (hereafter referred to as the petitioner) for recalling of the prosecution witnesses, namely. Jagan Nath and Inder Singh for their further cross -examination has been dismissed.

(2.) I have heard the learned counsel for the petitioner and the earned Assistant Advocate General for the respondent.

(3.) The preliminary question, which arises for determination in his revison petition, is whether a revision petition is competent and maintainable against an order passed by the Court below on an application under Section 311 of the Code for grant of permission to recall the witnesses for further cross -examination.