- (1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the order dated 10-4-2007 passed by the Special Judge, E. C. Act, Fatehpur in S. T. No. 521 of 2005, State v. Awinesh and Ors. , under Sections 147, 149, 302, 34, 506, I. P. C. and 7 Criminal Law Amendment Act, P. S. Thariyaon District Fatehpur whereby the learned Special Judge, E. C. Act, Fatehpur rejected the application of the applicant for further cross- examination of P. W. 1.
(2.) I have heard the learned Counsel for the applicant and the learned A. G. A. for the State. I have also perused the application of the applicant containing the questions. The first question specified in the application is that he has to put some questions regarding the site plan and the second question is that he has to ask some questions regarding Rifle of the deceased which was allegedly carried by the informant with him. Both these questions are vague. When a witness has been examined and cross-examined, then if any question could not be put to him during the course of cross- examination, the only remedy open under law is to clearly specify the question which is to be put and seek permission of the court concerned for putting that question to the witness, and if the court is of the view that the question is relevant and had not been put at the previous stage in the course of cross- examination, he may permit the party to ask the question. In the present case the questions to be asked have not been specified and there is a vague prayer that some questions are to be put in regard to the site plan and the Rifle. Such an application was rightly rejected by the learned Special Judge. This application under Section 482 Cr. P. C. has no force and it is liable to be dismissed. It is accordingly dismissed.
(3.) HOWEVER, if the applicant makes a fresh application clearly specifying the actual questions in verbatim which are to be put to the witness, then that application may be considered by the trial Court, and if the court is of the view that those questions had not been put to the witness earlier and that they are relevant for just decision of the case, suitable orders may be passed on that application of the applicant. Application dismissed. .;