HARCHAND CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - By this Criminal Misc. Petition, a challenge is made to the order dated 20.2.2014 passed by the trial court so as the order dated 21.11.2014 passed by the revisional court. By the impugned order, the application filed by the petitioner under section 311 Cr.P.C for recalling the witness for cross-examination was dismissed.

(2.) Learned counsel for petitioner submits that without a proper and fair opportunity to defend, right of the accused petitioner to cross examine the witness was closed. If the facts of the case are looked into, it will come out that after reading of substance of accusation in the year 2009, an affidavit of the complainant was filed and was kept for cross examination on 28.1.2010. On the same day, right of cross examination was closed in absence of the petitioner and his counsel. An application was submitted to recall the witness but it has been dismissed. Reference of the judgment of the Honourable Supreme Court and this court has been given. Therein, it was held that a fair opportunity should be given to cross examine a witness, failing which, it may result in conviction. A prayer is accordingly made to allow the application and permit the petitioner to cross examine the witness.

(3.) I have considered the submissions and perused the record.