Mohan Lal vs State of Punjab and Another

Rakesh Kumar Garg, J.—By way of this petition, the petitioner has challenged order dated 15.02.2011 passed by Judicial Magistrate Ist Class, Ludhiana, whereby, prayer of the petitioner, for recalling the complainant-PW2 for cross-examination, was rejected and further order dated 07.06.2011 passed by Additional Sessions Judge, Ludhiana, dismissing his revision petition against the aforesaid order. A perusal of the application filed by the petitioner would show that the prayer has been made to recall the witness on the ground that he could not be cross examined due to some unavoidable circumstances.

However, a perusal of the impugned order would show that the petitioner was duly represented by his counsel and was granted opportunity to cross-examine the witness which was not availed by the said counsel and therefore, Court recorded the cross-examination as nil.

It is not case of the petitioner that order passed by trial Court is against facts of the case. Thus, the petitioner has failed to show the circumstances which prevented him from cross-examining the witness on the date fixed.

Moreover, now the case is fixed for final arguments meaning thereby that he petitioner has not come with clean hand. The petitioner must have also availed many opportunities for his defence evidence also.

Thus, I find no reason to interfere in the impugned order. Dismissed.