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Judgment
8 paragraphs · 392 wordsC.A. Rahim, J.—Heard learned Counsel and learned A.G.A.
This revision has been filed against the order dated 2661997 passed by the learned Special Judge (E.G.Act), Jhansi in Sessions Trial No. 320 of 1994 under Sections 307/323/504, I.P.C. by that judgment he rejected the application of the revisionist, accusation in that trial, filed on 2661997. On behalf of the accused the said application was filed for recalling P.W.2 for further cross examination. The Teamed Judge has rejected the said application on the ground that the said application was filed to delay the proceedings.
Perused the copy of the application filed today.
It has been argued that the learned Judge has rejected the application without showing proper reason and the reason shown, in fact, is of no substance. Since no delay would be caused by allowing cross examination of one witness the grounds shown in the application dated 2661997 appears to be relevant and if by some mistake the said question was not put to P.W. 2 the accused will be prejudiced in case it is not allowed to put such question even if the period of crossexamination is over. I feel in the ends of justice that he should get a chance to crossexamine the P.W. 2 only on the point raised in the crosspetition examination. Learned Counsel has agreed that no further point will be taken in crossexamining P.W. 2 besides the matter mentioned in the application dated 2661997. Only for this limited purpose revision will succeed.
The revision is, therefore, allowed. The order dated 2661997 is hereby set aside. The learned Trial Judge shall allow the accusedrevisionist to crossexamine P.W. 2 only on the point mentioned in his application dated 2661997. The learned Judge shall fixed up a date by issuing summon to the P.W. 2. It should be completed within a period of one month after the receipt of the copy of this order. No adjournment on any ground will be allowed to the accusedrevisionist.There should be one set of cross examination as learned Counsel submits that one lawyer is representing all the revisionist in the trial court.
With the above observations, this revision is disposed of.
A certified copy of the order be is sued to the learned Counsel for the petitioner on payment of usual charges within two days.
Revision disposed of.