JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the order dated 03.05.2024, passed in Sessions Trial No. 1 of 2023, State Vs. Pulkit Arya and others, by the court of Additional Sessions Judge, Kotdwar, District Pauri Garhwal (“the trial”). By it, an application filed by the revisionist to further cross examine PW 23 has been rejected.

2. Heard learned counsel for the parties and perused the record.

3. In the trial, an application bearing No. 351B was presented by the revisionist, seeking further cross examination of PW 23. This application has been rejected by the impugned order. This application reads as follows:-

“Madam

The above noted case is fixed for today, however on dated 7.10.2023, part of cross examination was done in this Hon’ble Court of P.W. 23, further an application was decided U/s 39 Evidence Act which was further presented to Hon’ble High Court.

In the light of the order passed by the Hon’ble High Court on dated 26.02.2024, the opportunity to further cross examine P.W.23 stands open for defence.

It is therefore being prayed that the Hon’ble Court in the light of abovesaid may kindly summon P.W.23 Pushpdeep Baboria for further cross-examination on