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2020 Supreme(UK) 121
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Mobin Khan - Appellant
Versus
State Of Uttarakhand - Respondent
Criminal Misc. Application No.372 of 2020
Decided On : 04-03-2020
Mr. Deep Chandra Joshi, learned Counsel for the applicant, for the Appellant; Mr. S.S. Adhikari, learned AGA assisted by Mr. P.S. Uniyal, learned Brief Holder for the State of Uttarakhand, for the Respondent
In the interest of justice, the court may allow the recalling of a witness for additional cross-examination under Section 311 of the Cr.P.C.
Headnote:
Recalling of Witness - Criminal Procedure - The court allowed the applicant-accused to recall the witness for additional cross-examination of the Investigating Officer on the points of arresting of the applicant and on recovery, setting aside the impugned order.
Fact of the Case:
The applicant filed a Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973 to quash the order passed by the trial court dismissing the application filed by the applicant under Section 311 of the Cr.P.C. for recalling the witness.
Finding of the Court:
The court set aside the impugned order and allowed the applicant-accused to cross-examine the Investigating Officer on the points of arresting of the applicant and on recovery within ten days, with no adjournment granted for the said purpose.
Issues: The issue revolved around the applicant's request for additional cross-examination of the Investigating Officer and the trial court's dismissal of the application under Section 311 of the Cr.P.C.
Ratio Decidendi: The court found that in the interest of justice, the applicant should be given an opportunity for additional cross-examination, and thus set aside the impugned order.
Final Decision: The Criminal Misc. Application (C-482) No.372 of 2020 was disposed of with the court allowing the applicant-accused to cross-examine the Investigating Officer on specific points within ten days, without granting any adjournment for the said purpose.
JUDGMENT
Alok Kumar Verma, J. - This Criminal Misc. Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the order dated 17.02.2020, passed by the learned Fast Track Court/Additional District and Sessions Judge/Special Judge (POCSO), Haldwani, District Nainital in Special Sessions Trial No.48 of 2018, State Vs. Mobin Khan, whereby the learned trial court has dismissed the application filed by the applicant under Section 311 of the Cr.P.C. for recalling the witness.
2. Heard Mr. Deep Chandra Joshi, learned Counsel for the applicant and Mr. S.S. Adhikari, learned AGA assisted by Mr. P.S. Uniyal, learned Brief Holder for the State of Uttarakhand.
3. The learned counsel for the applicant submits that the applicant only wants additional cross-examination of the Investigating Officer on the point of arresting of the applicant and on the point of recovery.
4. The learned AGA for the State of Uttarakhand fairly concedes that, in case, the applicant was given only one opportunity, then the State has no objection.
5. In the facts and circumstances of the case, and in the interest of justice, impugned order dated 17.02.2020, passed by the Fast Track Court/Additional District and Sessions Judge/Special Judge (POCSO), Haldwani, District Nainital is set aside. The application filed by the applicant-accused under Section 311 of the Cr.P.C., for cross-examination of the Investigating Officer on the points of the arresting of the applicant and on recovery, is allowed. The applicant is hereby given an opportunity to cross the Investigating Officer on the abovementioned points on the date to be fixed by the trial court to be concluded within ten days. It is clarified that no adjournment of the applicant shall be granted for the said purpose.
6. Thse Criminal Misc. Application (C-482) No.372 of 2020 is disposed of in the above terms.
