BHERULAL Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the order dated 29.11.1999, passed by learned Additional Sessions Judge No. 2, Bundi.

(2.) Brief facts giving rise to this criminal petition are that a criminal case is pending against the petitioner Bheru Lal before the lower court. In that case, one witness named Chandra Mohan could not be cross-examined by the defence counsel as file of the cross-case was not available. Later on, counsel for the accused petitioner in that case .filed an application under Sec. 311 Cr.RC. before the lower court, praying that he could not cross- examine the aforesaid witness because the file of the cross-case was not available at that time. He requested that one more opportunity be granted to him to cross-examine the said witness. Learned lower court after hearing the arguments on that application, rejected the same. Against that order, this petition is preferred.

(3.) Counsel for the petitioner submits that Chandra Mohan is very important witness. There is some cross-case and file of that cross-case was sent to the Honourable High Court. Learned counsel wants to cross-examine the witness by referring some documents in the file of the cross-case. He submits that right of cross-examination is very important and it should not be denied. He submits that this criminal revision be allowed and the order,, dated 29.11.1999, passed by lower court may be set-aside.