JAMNA LAL Vs. STATE

JUDGEMENT

(1.) The present misc. petition has been filed by the petitioner against the order dated 26.07.2018 passed by the learned Special Judge, NDPS Cases, Bhilwara, in Sessions Cases No. 16/2017 whereby learned trial court rejected the application filed by the petitioner under Section 311 Cr.P.C.

(2.) Learned counsel for the petitioner submits that the witness PW-10 Sedu Ram was examined before the learned trial court on 04.05.2018 and inadvertantly he could not be cross-examined with regard to diary, mobile bill and sim. Counsel for the petitioner further submits that it is a valuable right of the petitioner to cross-examine the witness PW-10 Sedu Ram. In such circumstances, the application under Section 311 filed by the petitioner may kindly be allowed.

(3.) Per contra, the learned Public Prosecutor has vehmentally opposed the prayer made by the counsel for the petitioner and submitted that the order passed by the learned Court below does not suffer from any infirmity. Hence, no interference is called for from this Court.