BHAGWANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petition under Sec. 482 of CrPC has been filed by the petitioner for quashing the order dtd. 7/9/2019 passed by the learned Special Judge, (Prevention of Corruption Act Cases), Jodhpur (hereinafter referred to as the learned Trial court) in Sessions Case No. 11/2015 arising out of FIR No. 227/2014 lodged at Police Station-ACB, CPS, Jaipur, District ACB Jodhpur for the offences punishable under Ss. 7, 8, 13(1) and 13(2) of the Prevention of Corruption Act, 1988 by which the PW 1-Mohanlal Sutrakar (PW-1, for short) was declared hostile at the request of learned Public Prosecutor.

(2.) Learned counsel for the petitioner submits that the order declaring PW-1 as hostile and permitting the Public Prosecutor to re-examine him is against the statutory provisions of law. It is submitted that if the witness does not stand upon the prosecution story, only then he can be declared hostile and his re-examination can be permitted. It is further submitted that once the cross examination has been conducted, thereafter the party who calls the witness is first supposed to re-examine the witness and thereafter, if the witness does not support his own case, the Court may, if it deems appropriate, declare him as hostile. It is also submitted that the learned Trial Court has not recorded any reason before permitting the re-examination of PW-1. Hence, the order dtd. 7/9/2019 is arbitrary, perverse and contrary to law and thus, deserves to be quashed and set aside.

(3.) Learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner and submitted that there is no illegality in the impugned order.