- (1.) Heard learned counsel for the applicant; the learned A.G.A. for the State and perused the record.
(2.) The instant application has been filed by an accused facing trial for offences punishable under sections 363, 366 and 376 IPC for quashing of an order dated 04.02.2015 passed by the Additional Sessions Judge (Fast Track Court), Budaun in Session Trial No. 523 of 2012 (State v. Bhagwan Das) by which the application of the applicant for recall of the witnesses (P.W.1 to P.W.6) for cross-examination, has been rejected.
(3.) The case of the applicant is that in connection with the aforesaid offences he was arrested and bailed out, but, thereafter, he was again arrested in another case and had to remain in jail from 25.09.2012 to 15.11.2014 in which period the trial proceeded and prosecution witnesses i.e. PW1 to PW6 were examined whereas no counsel appeared on his behalf to cross examine them, as a result, the prosecution evidence was closed. It his case that though, earlier, counsels were engaged by him but no one appeared on his behalf to cross examine the witnesses because the applicant having been languishing in jail was unable to pay their fees and there was no one available to do pairvi on his behalf as his father had already died. It was thus prayed that as the applicant has now been bailed out and is in a position to engage counsel, the witnesses be recalled and the applicant be allowed to cross examine them.;