JUDGMENT : P.K. Misra, J. - This revision is at the instance of one of the accused persons challenging the legality of the order dated 7.11.1997 passed by the Sub-Divisional Judicial Magistrate, Banki, in ICC Case No. 14 of 1996, whereunder the learned Magistrate did not permit the counsel for the accused persons to put some questions to C.W. 2 with reference to his statement in the enquiry u/s 202, Cr.P.C. While rejecting the said petition, the S.D.J.M. observed that the accused persons are at liberty to further cross-examine C.W. 2 as per law, possibly meaning thereby that C.W. 2 can be further cross-examined after framing of charge. The learned counsel for the petitioner has also invited my attention to the recording made in the deposition to the following effect: "........... Since the accused wanted to contradict the statement of the witnesses with his previous statement u/s 202, Cr.P.C. before the Court. I do not wanted to accept the contention as statements during 202, Cr.P.C. enquiry are not previous statement to as contradict to confront u/s 145, Evidence Act." The aforesaid extracted portion indicates the slip-shod manner in which the SD.J.M. has recorded the deposition and betrays his utter lack of command over English language. Be that as it may, the S.D.J.M. is clearly wrong in respect of the observations made in the impugned order dated 7.1 1.1997 as well as the observations made in the deposition itself. Law is well settled that the accused person has the right to cross-examine a witness before charge and also after charge. The statement made by a complainant in the complaint petition or in the enquiry u/s 202, Cr.P.C. is definitely a previous statement. Similarly, the statement made in the enquiry u/s 202, Cr.P.C. by a witness is also previous statement and the witness can definitely be cross-examined with reference to such previous statement. The observations made by the S.D.J.M. are clearly unsustainable. As such, the Criminal Revision is allowed and the impugned order is set aside. The Advocate for the accused persons shall be permitted to put questions to the witness with reference to his previous statement in the enquiry u/s 202, Cr.P.C. Final Result : Allowed