Abhijeet Sharma vs Mahipal Singh - 2023 Supreme(P&H) 2263

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2263

KULDEEP TIWARI
Abhijeet Sharma – Appellant
Versus
Mahipal Singh – Respondent

Advocates Appeared:
Mr. Mohd. Parvez, Advocate; For the Petitioner

JUDGMENT

Mr. Kuldeep Tiwari, J. (Oral)

Through the instant petition, as instituted under Section 482 of the Cr.P.C., a prayer is made for quashing/setting aside the order dated 02.11.2023 (Annexure P-5), as passed by the learned Magistrate concerned, whereby, the application under Section 311 of the Cr.P.C., as filed by the petitioner, in case bearing NACT No.36 of 2019, thereby seeking recalling of CW1/complainant for his cross-examination has been dismissed.

2. Before proceeding to evince any opinion upon the validity of the relief, as claimed herein by the petitioner, it is deemed imperative to extract some of the grounds, as mentioned by the petitioner/accused in the application (supra) for recall of CW1/complainant for cross-examination. The relevant paragraphs of the application (supra) are reproduced hereinafter:-

"5. That but inadvertently the few questions and suggestions to the witness/complainant CW1 has left, which are very important to bring out the truth before this Hon'ble Court.

6. That the suggestions that dealing of which nature was going on between the applicant/accused and the complainant due to which the complainant was able to get the possession of the cheques in

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