Roop Singh vs State of M.P.

M.K. Mudgal, J.—Heard on the question of admission.

Petitioner has filed this petition u/s 482 of Cr.P.C. being aggrieved by the order dated 13.2.13 passed by the court of Additional Sessions Judge, Pichhore, District Shivpuri in session trial No. 266/12 whereby an application u/s 311 of Cr.P.C. filed by the petitioner for recalling the witnesses of the prosecution No. 1 to 5 for cross-examination.

Learned counsel for the petitioner submits that the learned trial court has committed an error in dismissing the application for recalling the witnesses as the counsel for the accused could not have effectively cross-examined the witnesses as they were suffering from eye flu on 28.1.13.

On perusal of the impugned order, it transpires that reasons assigned by the petitioner/accused for recalling the witnesses for cross-examination does not appear to be convincing. Moreover, it has not been stated in the application that what questions are to be asked by the petitioner/accused from the said witnesses. The learned trial court has not committed any error in dismissing the application. Hence, the petition being devoid of merit and substance is hereby dismissed.