G.S.AHLUWALIA
Kuldeep Singh Tomar – Appellant
Versus
State of M. P. – Respondent
Heard Finally.
2. This application under Section 482 of Cr.P.C. has been filed against the order dated 19-1-2018 passed by Shri Ramesh Kumar Shrivastava, 1st A.S.J./Special Judge (Prevention of Corruption Act), Morena in Special Sessions Trial No.11/2015, by which the application filed by the applicant under Section 311 of Cr.P.C. has been rejected.
3. The necessary facts for the disposal of the present application in short are that the applicant is facing trial for offence under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act.
4. The applicant filed an application under Section 311 of Cr.P.C. seeking recall of Ram Gopal (P.W.5) on the ground that the witness could not be cross examined because of absence of the counsel and therefore, his right to cross examine the said witness has been closed. It was further mentioned that the cross examination of the said witness is necessary in the interest of justice, otherwise, the applicant would be deprived of his right to putforth his defence. The application filed under Section 311 of Cr.P.C., reads as under :
^^vkosnu i= varxZr /kkjk 311 n0iz0 lafgrk Jhekuth] 1- fuosnu gS fd izdj.k es vfHk;kstu lk{kh dz- 5 ds
Akil Vs. State (NCT of Delhi) reported in (2013) 7 SCC 125
Amit Chanchal Jha v. High Court of Delhi
D.P. Chadhu Vs. Triyugi Narain Mishra reported in (2001) 2 SCC 221
Gurnaib Singh Vs. State of Punjab reported in (2013) 7 SCC 108
Hoffman Andreas v. Inspector of Customs [(2000) 10 SCC 430]
Iddar v. Aabida [(2007) 11 SCC 211]
Jamatraj Kewalji Govani v. State of Maharashtra [AIR 1968 SC 178]
Kalyani Baskar v. M.S. Sampoornam [(2007) 2 SCC 258]
Krishnan Vs. Krishnaveni reported in (1997) 4 SCC 241
Md. Sukur Ali Versus State of Assam reported in (2011) 4 SCC 729
Mohd. Khalid Vs. State of W.B. Reported in (2002) 7 SCC 334
Mohd. Ajmal Amir Kasab Vs. State of Maharashtra reported in (2012) 9 SCC 1
Natasha Singh v. CBI [(2013) 5 SCC 741]
Nisar Khan Vs. State of Uttaranchal reported in (2006) 9 SCC 386
O.P. Sharma Vs. High Court of Punjab & Haryana reported in (2011) 6 SCC 86
P. Sanjeeva Rao Vs. State of Andhra Pradesh
P.D. Gupta Vs. Ram Murti reported in (1997) 7 SCC 147
Raj Deo Sharma (2) v. State of Bihar [(1999) 7 SCC 604]
Rajaram Prasad Yadav Vs. State of Bihar
Ratanlal VS. Prahlad Jat reported in (2017) 9 SCC 340
R.K. Anand Vs. Delhi High Court
State of U.P. Vs. Shambhu Nath Singh reported in (2001) 4 SCC 667
Sudevanand v. State [(2012) 3 SCC 387].]”
State of Haryana Vs. Ram Mehar reported in (2016) 8 SCC 762
Swaran Singh Vs. State of Punjab reported in (2000) 5 SCC 668
State (NCT of Delhi) Vs. Shiv Kumar Yadav reported in (2016) 2 SCC 402
Talab Haji Hussain v. Madhukar Purshottam Mondkar [AIR 1958 SC 376]
Umar Mohammad Vs. State of Rajasthan reported in (2007) 14 SCC 711
UT of Dadra and Nagar Haveli v. Fatehsinh Mohansinh Chauhan [(2006) 7 SCC 529]
Vinod Kumar Vs. State of Punjab reported in (2015) 3 SCC 220
Vijay Kumar v. State of U.P. [(2011) 8 SCC 136]
Zahira Habibulla H. Sheikh v. State of Gujarat [(2004) 4 SCC 158]
Zahira Habibullah Sheikh v. State of Gujarat [(2006) 3 SCC 374]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.