The court dismissed a miscellaneous petition filed to challenge the rejection of an application under Section 311 Cr.P.C. The Special Judge had already affirmed the petitioner’s cross-examination of the complainant in three parts. The court held that further cross-examination was not necessary and the application was rightly rejected.
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S.B. Criminal Misc. Petition No.775/2011
Ishwar Lal. Vs. State of Raj. & Anr.
Date of Order :: 1.2.12.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr.MK Garg, for the petitioner.
Mr.MA Bhurat, PP. for the respondent State.
The present misc. petition has been preferred by the petitioner challenging the order dated 25.4.2011 passed by the learned Additional Sessions Judge No.1, Udaipur in Criminal Revision No.12/2011 whereby he has affirmed the order dated 10.12.2010 passed by the learned Special Judge for N.I. Act Cases No.1, Udaipur rejecting the application filed by the petitioner under Section 311 Cr.P.C.
Counsel for the petitioner submits that in this case, the application was filed for permitting further cross examination of the complainant as earlier on, counsel for the petitioner could not properly examine the complainant.
Per contra, learned PP has opposed the prayer made on behalf of the petitioner.
I have considered the arguments advanced at the bar and have perused the order impugned.
A perusal of the order impugned reveals that detail cross examination was made from the complainant and the cross examination was closed on 29.5.2006. The cross
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examination was conducted in three parts. Thus, this Court is not amenable to the suggestion that the cross examination of the complainant could not be properly done. Such a prayer is not at all to be entertained by way of an application under Section 311 Cr.P.C.
Resultantly, the present misc. petition, being bereft of
any force, is hereby dismissed.
Stay petition also stands dismissed.
(SANDEEP MEHTA), J.
S.Phophaliya
2 issues framed by the court
Whether an application under Section 311 Cr.P.C. can be entertained for further cross-examination of a witness after it has been completed.
Whether a special leave petition challenging the rejection of a Section 311 Cr.P.C. application has merit.
1 provisions across 1 enactments
Ishwar Lal
State of Raj.
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
