2008 Supreme(All) 1305

[2008(7) ADJ 1 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : R.K. RASTOGI, J.
JAFAR .........Applicant
Versus
STATE OF U.P. AND ANOTHER .........Respondents
(Criminal Misc. Application No. 14221 of 2008, decided on 24th June, 2008)

Headnote:(A) Criminal Procedure Code, 1973—Sections 482 and 311—Further cross-examination—Application for—Rejection of—Accused/applicant moved an application with prayer for re-summoning P.W. 7 (Sub-Inspector of Police)—Doctor, alongwith record of hospital—When aforesaid prosecution witness has already been examined—And accused was provided opportunity to cross-examine and opportunity was availed by him—No question of re-summoning him as a Court witness under Section 311 of Cr.P.C.—No justification for summoning doctor as a Court witness—However, applicant may summon that doctor and concerned record in his defence—Impugned order not illegal.

       (B) Criminal Procedure Code, 1973—Section 311—Further cross-examination—Permissibility of—Recalling of witness—Applicant to show specific questions which are relevant and necessary for just decision of case—Those questions had not been put earlier to witnesses. Application Dismissed.