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1999 Supreme(MP) 337
S.P. Khare, J.
Mansingh v. State of M.P.
Cr. Revn. No. 710 of 1999(J); Decided on 4.5.1999.*
A. Usmani for applicant; D.S. Thakur, Govt. Advocate for State.
Headnote:(1) Criminal P.C., 1973 -- S. 311 -- prosecutrix filing affidavit alleging her FIR as untrue -- should be recalled for further examination and cross-examination.
(2) Criminal P.C., 1973 -- S. 154 -- FIR -- alleged to be untrue on affidavit by prosecutrix -- she should be recalled for further examination and cross-examination.
¼1½ naM Áfdz;k lafgrk] 1973 & /kkjk 311 & vfHk;ksD=h }kjk ;g vfHkdfFkr djrs gq, ‘kiFki= Qkby fd;k tkuk fd mldh ÁFke bfRryk feF;k Fkh & vfrfjDr ijh{kk rFkk Áfrijh{kk ds fy, nqckjk cqykbZ tkuk pkfg,A
¼2½ naM Áfdz;k lafgrk] 1973 & /kkjk 154 & ÁFke bfRryk fjiksVZ & vfHk;ksD=h }kjk ‘kiFki= ij feF;k gksuk vfHkdfFkr & vfrfjDr ijh{kk rFkk Áfrijh{kk ds fy, mls nqckjk cqykbZ tkuk pkfg,A
This is a revision against the order dated 15.4.99 of the Sessions Judge, Sehore, by which the application of the accused for resummoning Kunta Bai (PW 2) for her further cross-examination has been rejected.
Arguments of both the sides heard. The applicant has filed a copy of the affidavit of the prosecutrix, sworn on 31.3.99 in which she has stated that the report made by her against the accused was not true. In view of this affidavit it becomes necessary that Kunta Bai (PW 2) should be called again and shall be permitted to be further examined and cross-examined.
This revision is allowed. The trial Court is directed to resummon Kunta Bai (PW 2) and permit her further examination and cross-examination.
