Karan Singh vs State of Haryana

Ujagar Singh, J.

Without entering into any controversy whether the learned counsel for the accused was absent and could not crossexamine the investigator on a justifiable ground or otherwise, the fact remains that some of the witnesses were examined after the investigator''s statement. This itself is sufficient to entitle the accused to recall the Investigator for crossexamining. The learned counsel for the State does not dispute the fact that some witnesses were examined after the examination of the Investigator. This petition is allowed and the accused petitioners may file an application before the trial Court for recalling the Investigator for crossexamination and the Investigator be summoned for the said purpose, at an early date. This petition is disposed of accordingly.