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Himachal Pradesh High Court · body

2021 DIGILAW 874 (HP)

VIJAY KUMAR SOOD v. BIRENDER CHAUHAN SON OF LATE SHRI HARI SINGH CHAUHAN

2021-11-17

VIVEK SINGH THAKUR

body2021
ORDER : Petitioner has approached this Court against order dated 22.07.2021, passed by Judicial Magistrate First Class, Jubbal, District Shimla, H.P., whereby application filed by the petitioneraccused under Section 311 of the Code of Criminal Procedure (in short ‘Cr.P.C.’), with a prayer to re-examine the complainant with regard to questioning him about his source of income, has been rejected. 2. It is observed by the trial Magistrate that complainant was examined on 07.02.2017 and he was thoroughly cross-examined by learned counsel for the accused on the point of source of income and a question with respect to source of income was categorically put to the complainant in his cross-examination, in response whereto, complainant had replied that he had earned Rs. 5-6 lacs in Apple season in the year 2015 and it has also been observed that there is lengthy cross-examination leaving nothing to be discussed in present case. 3. Application under Section 311 Cr.P.C. was filed on 22.11.2019 i.e. about 2 ½ years after examination and crossexamination of the complainant when case reached at the stage of arguments. 4. Prayer for granting one opportunity has been made on the ground that the then Advocate engaged by the petitioner could not put certain question to the complainant which were necessary for adjudication of claim of complainant with respect to his source of income. In my considered opinion it is not a valid ground to recall the witness for cross-examination. 5. I find no infirmity, illegality or perversity in the impugned order dated 22.07.2021, passed by learned Judicial Magistrate First Class, Jubbal, District Shimla, H.P. Therefore, I do not find any reason to interfere in the impugned order. 6. Accordingly, petition is dismissed, so also pending application(s), if any.