S.C.AGARWAL, J. - (1.) THIS revision is directed .against the order dated 20.7.2010 passed by the Addl. Sessions Judge, Court No. 12, Ghaziabad in S.T. No 1211 of 2009. State v. Ejaz and others, under sections 323, 307 and 506 IPC, P.S. Bhojpur, District Ghaziabad whereby the application 22-B moved on behalf of accused persons under section 311 Cr. P.C. for recalling the Tasavwar (P.W.-1) for further cross-examination was rejected.
(2.) THE statement of Tasavwar (P.W.-1) was recorded on 20.4.2010 and he was cross-examined on 8.7.2010, application under section 311 Cr. P.C. was moved on the ground that few important questions regarding incident could not be asked in cross-examination and therefore, P.W.-1 be recalled for further cross-examination. The application was rejected by the Court be­low on the ground that the statement of P.W.-1 was contested and he was cross-examined and specific questions have not been mentioned in the application, which are to be put in further cross-examination. Since specific questions required to be put to P.W.-1 in further cross-examination were not mentioned in the application under section 311 Cr. P.C., I do not find any illegality in the impugned or­der and the revision is liable to be dis­missed on this ground alone. However, if accused persons moved fresh application under section 311 Cr. P.C. specifically mentioning the questions to be asked from P.-W.-1, the same shall be dis­posed of by the Court below on merits,
(3.) WITH this observation, the revision is dismissed.;