Ejaz and Others vs State of U.P. and Another

S.C. Agarwal, J.—This revision is directed against the order dated 20.7.2010. passed by the Addl. Sessions Judge, Court No. 12, Ghaziabad in S.T. No. 1211 of 2009. State v. Ejaz and Ors. under Sections 323. 307 and 506. I.P.C.. P. S. Bhojpur, district Ghaziabad whereby the application 22B moved on behalf of accused persons u/s 311. Code of Criminal Procedure for recalling the Tasavwar (P.W. 1) for further cross-examination was rejected.

The statement of Tasavwar (P.W. 1) was recorded on 20.4.2010 and he was cross-examined on 8.7.2010, application u/s 311, Code of Criminal Procedure was moved on the ground that few important questions regarding incident could not be asked in cross-examination and therefore, P.W. 1 be recalled for further cross-examination. The application was rejected by the court below on the ground that the statement of P.W. 1 was contested and he was cross-examined and specific questions have not been mentioned in the application, which are to be put in further cross-examination.

Since specific questions required to be put to P.W. 1 in further cross-examination were not mentioned in the application u/s 311, Code of Criminal Procedure, I do not find any illegality in the impugned order and the revision is liable to be dismissed on this ground alone.

However, if accused persons moved fresh application u/s 311, Code of Criminal Procedure specifically mentioning the questions to be asked from P.W. 1, the same shall be disposed of by the court below on merits.

With this observation, the revision is dismissed.