- (1.) Heard learned counsel for the applicant and learned AGA.
(2.) This application under section 482 Cr.P.C. has been filed seeking the quashing of order dated 21.01.2016 passed by learned court below rejecting the application moved on behalf of the accused under section 311 Cr.P.C. in Case Crime No. 1007 of 2012 (State vs. Veer Pal and another, under sections 147, 302, 34 IPC, P.S. Kasana, District Gautambudh Nagar in Criminal Trial No. 248 of 2013) which had sought the recall of the witness for further cross examination. Submission of the counsel is that subsequently after the witness had been examined in the court, he the O.P. No.2, was also examined in another proceeding and in that proceeding he has given certain statement which was not in consonance with his earlier deposition and, therefore, witnesses ought to have been recalled for further cross -examination in the context and perspective of his another deposition which he subsequently gave in another proceeding. Submission is that refusal by the court to recall the witnesses is, therefore, bad in the eyes of law.
(3.) Heard learned AGA and perused the impugned order.;