HIGH COURT OF MADHYA PRADESH
Gagan Choudhary – Appellant
Versus
The State Of Madhya Pradesh – Respondent
With the consent of learned counsel for the parties, the matter is heard finally.
This application filed under Section 482 of Cr.P.C. assails the order dated 20.5.2022 passed in S.T. No.411/2021, whereby the application preferred by the applicant under Section 311 of Cr.P.C dated 28.4.2022 is dismissed by the court below.
Learned counsel for the applicant submits that the applicant is a poor person, who was given legal aid by the department. Since his previous legal aid counsel did not effectively cross - examine the prosecution witnesses, the PW-1, PW-4, PW-5, PW-6 and PW-7 may be recalled for their cross- I.L.R. (2014)
M.P. 246 (Prakash and others Vs. State of M.P.). Government's counsel supported the impugned order.
I have gone through the impugned order, in which reliance is placed on
2019 CRI. L.J. 4579
(Ballu Khan @ Ballu Kha @ Jahoor Shah Vs. State of M.P.). Cr.R. No.5615 of 2019
"Learned Court below has considered the judgment of this Court in Hari Singh (supra) and based its judgment on the judgment of the Supreme Court in Yakub Ismail Bhai Patel (supra). Learned counsel for the applicant has not brought those judgments to show that the Court below has committed an error
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