KAMALDEEP Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 30.01.2015 passed by Additional Special Judge (Special Court of Women Atrocities and Dowry Cases), Sriganganagar (hereinafter referred to as 'the trial court') in Sessions Case No. 19/2013 whereby the application filed by the petitioner under Section 311 Cr.P.C. for recalling the witnesses Kuldeep Singh (PW -7), Dr. Prem Bajaj (PW -8), Indraj (PW -9) and Sulochana (PW -10), whose statements were recorded on 19.11.2012 and 14.1.2015 respectively, has been dismissed. Earlier the trial court has closed the opportunity to cross -examine the above named witnesses on the respective dates when the statements of the above named prosecution witnesses were recorded.

(2.) THE trial court while deciding the application under Section 311 Cr.P.C. has observed that despite giving opportunity to the counsel for the petitioner, he has refused to examine the above named witnesses and, therefore, no case for granting further opportunity is made out. It is also observed by the trial court that as per the directions issued by this Court as well as by the Hon'ble Supreme Court from time to time, strict compliance of provisions of Section 309 Cr.P.C. is required to be made.

(3.) LEARNED Public Prosecutor as well as counsel for the respondent No. 2 have opposed the prayer of the counsel for the petitioner and argued that in the facts and circumstances of the case, the trial court has not committed any illegality in rejecting the application filed by the petitioner under Section 311 Cr.P.C.