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2001 DIGILAW 233 (RAJ)

Bherulal v. State of Rajasthan

2001-02-12

SHASHI KANT SHARMA

body2001
JUDGMENT 1. - This revision is directed against the order dated 29.11.1999, passed by learned Additional Sessions Judge No. 2, Bundi. 2. Brief facts giving rise to this criminal petition are that a criminal case is pending against the petitioner Bheru Lal before the lower court. In that case, one witness named Chandra Mohan could not be cross-examined by the defence counsel as file of the cross-case was not available. Later on, counsel for the accused petitioner in that case .filed an application under Section 311 Cr.RC. before the lower court, praying that he could not cross- examine the aforesaid witness because the file of the cross-case was not available at that time. He requested that one more opportunity be granted to him to cross-examine the said witness. Learned lower court after hearing the arguments on that application, rejected the same. Against that order, this petition is preferred. 3. Counsel for the petitioner submits that Chandra Mohan is very important witness. There is some cross-case and file of that cross-case was sent to the Hon'ble High Court. Learned counsel wants to cross-examine the witness by referring some documents in the file of the cross-case. He submits that right of cross-examination is very important and it should not be denied. He submits that this criminal revision be allowed and the order,, dated 29.11.1999, passed by lower court may be set-aside. 4. I have heard learned counsel for the petitioner, learned Public Prosecutor and gone through the record. 5. In my view, right to cross-examine the witness is very important. The petitioner could not be cross-examined, because file of the lower court was in the High Court. Therefore, one more opportunity of cross-examination may be given to the petitioner. It the petitioner wants to refer some documents in cross-examination from the record of the cross-case, he may move the trial court and trial court should request the High Court for sending the record. 6. In the result, the revision is allowed, the order passed by the lower court, dated 29.11.1999, is set-aside. Trial Court is directed to grant one more opportunity to the petitioner to cross-examine the witness Chandra Mohan. 7. Copy of the order he sent to the trial court.Revision allowed. *******