Rajesh vs State of U.P.

Virendra Saran, J.

Heard learned counsel for the applicant and the learned counsel for the State.

The applicantRajesh is an accused in Sessions Trial No. 289 of 1993State v Rajesh which is pending in the Court of VI Additional District and Sessions Judge, Kanpur Dehat. It appears that on 12121995 Dr. S. P. Singh was in the witness box but the applicants counsel was absent and the witness was discharge without crossexamination. Subsequently on that very date, i.e. 12121995 an application to recall the Doctor for corssexamination was made. The ground taken in the application was that the learned counsel for the accused was busy arguing a case in another court. This application bad been dismissed by the VI Additional District and Sessions Judge, Kanpur Dehat on the ground that the Doctor had waited for two hours and hence there was no justification to summon the doctor again, since the case is a murder case it is in the interest of justice that a last opportunity may be given to the accused to crossexamine the witness.

It is therefore, directed that the applicant may deposit Rs. 400 as costs to the State and if the costs are so deposited the learned Sessions Judge shall the doctor for crossexamination but at the same time it is made clear that if the amount of Rs. 400 is not deposited the doctor shall not be recalled and in case the amount is deposited and the doctor is produced for crossexamination, the accused will not be given any adjournment to crossexamine the doctor on any ground.

With the above directions the application is finally disposed of.