- (1.) Case No.10/2007 (State Vs. Raja Ram Prasad) under section 7/13(1)/13(2) Prevention of Corruption Act, P.S.George Town, District Allahabad is pending in the Court of learned Special Judge(Anti-corruption) Varanasi. After framing of the charges against the applicant the prosecution led its evidence. Mr.Shree Prakash Maurya was defending the applicant as his learned counsel. Unfortunately he left for his heavenly abode before the conclusion of the trial of the case Mr.Maurya had cross-examined three prosecution witnesses. After the death of Mr.Maurya the applicant engaged Sri Vinay Kumar Seth as his counsel. Thereafter an application (Annecure No.3 to the affidavit) was moved from the side of the applicant before the learned lower Court with the prayer that on certain points P.W.1 Amar Singh be recalled so that newly engaged counsel Mr.Seth may further cross- examine the said witness. It was argued before the learned lower Court that the scheme of defence strategy of the former counsel was not known to the newly engaged counsel and therefore latter wanted to cross examine PW.1 on certain points detailed in his application (Annexure No.3). After hearing both the parties the learned Special Judge dismissed the application to recall PW-1. Feeling aggrieved by such dismissal the present petition has been filed.
(2.) This case was listed for hearing on 8.7.2013. On that date no one was present on behalf of opposite party No.2 despite the fact that he was served personally with the notice issued by this Court. Therefore on that date the learned counsel for the applicant and the learned AGA were heard. Hoffman Andreas Vs. Inspector of Customs, 2000 10 SCC 430Amritsar has been produced from the side of the applicant for perusal of the Court. I have gone through this case law and I am of the considered opinion that the applicant is entitled to get the benefit of this case law because facts of the case in hand are more or less similar to the case of Hoffman Andreas case . Therefore this petition has got force and it should be allowed but with certain restrictions.
(3.) The petition is allowed. The order passed by the learned lower Court on 18.9.2012 is quashed and set aside. The learned trial Court is directed to summon PW-1 Amar Singh for his further cross-examination but such cross examination shall be confined to the points which have been mentioned in the application moved from the side of the applicant before the learned trial Court under section 311 Cr.P.C.. Such points are contained in the appropriate para of Annexure-3.;