JITENDRA DHARIWAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under Section 482 Cr.P.C. with the prayer to set aside the order passed by the learned Special Judge (Man Singh Murder/Communal Riots Cases), Jaipur City, Jaipur in Cr.Case No.26/98 titled as State v. Jitendra Dhariwal, whereby the trial court declined to adjourn the case and closed the cross examination.

(2.) Briefly stated the facts of the case for disposal of this petition are that on 30.6.2000 witness Parmeshwar was present and counsel for the petitioner was not present. The trial court on finding that the witness was present since 8 O' Clock in the morning and in a planned manner, it was chosen not to cross examine witness Parmeshwar unless he becomes hostile. The trial court further found that the petitioner refused to get cross examination done from the Amicus Curiae P.C.Bhandari and also it came to the notice of the trial court that the witness was given threatening to the effect that if the witness deposes against him, he will be killed. The trial court in the above circumstances also found that several opportunities were given on previous occasions to cross examine the witness and since the witness was not being cross examined, closed the cross examination vide order 30.6.2000. It appears that nothing in the matter was done and statements of several witnesses were recorded and ultimately on 5.12.2001 counsel for the petitioner moved an application under Section 311 Cr.P.C. to recall the witness. The trial court rejected the application moved on 5.12.2001 on 7.12.2001 holding that the earlier order passed attained finality. Hence this petition has been filed.

(3.) I have heard Mr.S.R.Bajwa Sr.Advocate appearing on behalf of the petitioner and the learned Public Prosecutor for the State and carefully perused the material available on record.