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2023 Supreme(MP) 159

DINESH KUMAR PALIWAL
Raju @ Rajendra – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sharad Verma for applicants; Dileep Shrivastava, Government Advocate for respondent/State.

ORDER

1. This petition under section 482 of Code of Criminal Procedure, 1973 has been filed by the applicants being aggrieved with the order dated 24.8.2022 passed by II Additional Sessions Judge, Rahli, District Sagar (M.P.) in Session Trial No.76 of 2015 (State of M.P. Vs. Raju @ Rajendra & Others) under sections 302, 307, 147, 148 of IPC whereby the application moved by the applicants/accused Raju @ Rajendra and Others under section 311 of Cr.P.C. for recalling Mohd. Shahjad (P.W.- 15) for further cross-examination was rejected by the aforesaid trial Court.

2. Learned counsel for the parties are heard.

3. On perusal of the impugned order, it is revealed that an application under section 311 of Cr.P.C. was moved on behalf of the applicants/accused for recalling Mohd. Shahjad (PW-15) for further cross examination on the ground that some of the clarification could not be taken by the counsel during his evidence/cross-examination on 7.10.2017. The aforesaid application under section 311 of Cr.P.C. was rejected by the learned trial Court vide impugned order dated 24.8.2022.

4. Learned counsel for the applicants submitted that learned trial Court has rejected the application, without appl

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