The court upheld the right to engage another counsel for cross-examining witnesses in the interest of justice, even after the petitioner had already cross-examined the witnesses himself.

1. - Issue notice to respondent. Learned PP is present.

2. The applicant is being tried for the offence of Section 376 IPC in Sessions Case No. 28/99 in court of Sessions Judge, Dholpur. The grievance of petitioner is that because of certain reasons his counsel was not available and he had made prayer to court for allow him to engage another counsel. As per order even though the time was granted to petitioner to engage the counsel, but the petitioner was not able to engage the counsel till 23.10.99. The petitioner had no opportunity to cross examine the witnesses through counsel and he cross examined the witnesses himself. Even though the conduct of petitioner does not require to give him any right to get the witnesses recalled for the purpose of cross examination after engaging the counsel, but as the material witnesses have been cross examined by the accused himself, still in the interest of justice I am of the opinion that the petitioner be given one opportunity for cross examining the witnessed. It is stated at bar that one Advocate Mr. Mahesh Mudgal has already stands engaged by the petitioner for defending the case of petitioner. Therefore, if the permission is granted to cross examine the witnesses the justice would be meeted out to petitioner.

3. For the circumstances mentioned above, I direct that the witnesses produced and examined but could not be cross examined through Advocate shall be recalled as per convenience of the trial court. It is made clear that in case the petitioner fails to cross examine the witnesses, when they are produced, the earlier cross examination made by petitioner would stand. Counsel for petitioner agrees to such condition. However, by all means the trial would be completed within three months from the receipt of certified copy of this order.

4. With the above observations, the Misc. petition is disposed.

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