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2021 Supreme(Del) 1408

MANOJ KUMAR OHRI
Krishan Kumar – Appellant
Versus
The State (gnct) Of Delhi – Respondent


Advocates appeared:
Mr. Inderpal Kokhar, Advocate, for the Appellant, Mr. Hirein Sharma, APP for State, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral). - The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the orders dated 01.09.2021 and 21.09.2021 passed by the learned ASJ, West District, Tis Hazari Courts, Delhi, whereby opportunity of the petitioner to cross-examine the witness Vinod Kumar Chauhan (PW-1) was closed and the application filed under Section 311 Cr.P.C. seeking recall of the said witness dismissed.

2. Learned counsel for the petitioner submits that initially, both the father and the mother of the deceased were cited as prosecution witnesses, i.e., PW-1 and PW-2 respectively. To safeguard the interest of the petitioner so that the prosecution witnesses may not improve upon their case, a request was made to the Trial Court for an opportunity to cross-examine both the witnesses on one day. However, the petitioner's request was declined by the Trial Court vide the impugned orders and on 01.09.2021, only Vinod Kumar Chauhan (PW-1) was present and examined, whereas the mother of the deceased (PW-2) was not summoned on that day.

Learned counsel also submits that although an application under Section 311 Cr.P.C. seeking an opp

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