S.C.AGARWAL,J. - (1.) HEARD learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
(2.) THIS criminal revision is directed against order dated 10th November, 2010 passed by Additional Sessions Judge, Court No. 5, Budaun in S.T. No. 98 of 2007, State u. Somveer, under Sections 302 and 307, I.P.C., P.S. Ujhani, District Budaun whereby application 55 Kha filed on behalf of the revisionist Ram Bharat was rejected. The application 55 Kha was moved on behalf of the revisionist Ram Bharat on the ground that few relevant facts are not on record and, therefore, he (Ram Bharat) and other witnesses be recalled for re-examination. The application was opposed by public prosecutor on the ground that all the witnesses of fact have been examined and thoroughly cross-examined and there was no ground to recall the witnesses and the accused was also detained in jail and, therefore, no good ground for recalling the witnesses was made out. The said order has been challenged by P.W. 2 Ram Bharat by means of present revision.
(3.) LEARNED counsel for the revisionist submitted that learned Additional Sessions Judge committed illegality in rejecting the application filed on behalf of the revisionist.;