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1985 Supreme(All) 137

D.N.JHA
Swatantra Kumar – Appellant
Versus
Lav Kush S. Shukla, II Addl. Sessions Judge, Gonda – Respondent


Advocates appeared:
S.M. Nasir

JUDGMENT

D.N. Jha, J.

1. This petition under section 482 CrPG is directed against the order dated 5-2-1985 passed by the IInd Addl. Sessions Judge, Gonda, in Sessions Trial No. 434 of 1983, State v. Kripa Ram.

2. Swatantra Kumar Audhaulia applicant is an Advocate practising in the district courts at Gonda, He is appearing in Sessions Trial No. 434 of 1983, State v. Kripa Ram and is representing accused Kunney. On 5-2-85 the statement of Kunney under section 313 CrPC was recorded The last question put to accused Kunney is reproduced hereunder : "Aur Kuchh Kehna Hai ?" The reply of the accused in full is also quoted hereunder :- Ram Gopal Singh, Akbar Ali Gaon men khullam khulla kahte hain ki Judge saheb (yani app Sessions Judge) ko mila liya hai aur ab saja karvai beghair nahin chhoren ge. " The learned Sessions Judge asked another question which is quoted as under :- "Un gaon walon ka naam batao ge jinse Ram Gopal aur Akbar Ali ne aisa khullam khulla kaha ?" Learned counsel Sri Swatantra Kumar objected to the court question on the ground that it amounted to cross examination of the accused and was legally not permissible. Since Sri Swatantra Kumar was probably obstructing the functi













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