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2003 Supreme(All) 1262

VINEET SARAN
SHYAM KUMAR – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
K.K.TRIPATHI,

VINEET SARAN, J.

This petition under Section 482 of the Code of Criminal Procedure has been preferred against the order dated 1-5-2003 passed by the Additional District and Sessions Judge, Fast Track Court No. 2, Kanpur Dehat whereby the application under Section 311 Cr. P. C. filed by the applicants has been rejected.

2. I have heard Sri K. K. Tripathi, learned Counsel appearing for the applicants as well as the learned Additional Government Advocate for the respondents. Briefly stated, the facts of this case are that a Sessions Trial No. 412 of 2002, under Sections 498-A and 304b, IPC is pending against the applicants. After the prosecution witness (P. W. 1) Awadhesh Kumar had already been cross-examined on two dates and thereafter other witnesses had also been examined, the applicants filed an application under Section 311 Cr. P. C. for recalling the said P. W. 1 for re-examination. Learned Counsel for the applicants has submitted that the ground for recalling the said witness was that after the change in Counsel for the applicants before the trial Court, it was brought to notice that certain questions, which ought to have been asked in the cross-examination of the P. W. 1, had







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