- (1.) BHAGWAN Din, J. Heard Sri N. K. Sharma, the learned counsel appearing for the revisionists and the learned A. G. A.
(2.) FROM the impugned order it ap pears that the prosecution examined three witnesses, who have been adequately cross- examined by the defence counsel. On closure of the prosecution evidence the accused/revisionists moved an ap plication under Section 311, Cr. P. C for recalling the witnesses for further cross-examination, in view of the affidavits, filed by them in the Court, resiling from their earlier statement, recorded in the Court. The learned IX-Addl. Sessions Judge, Meerut before whom the trial of the ac cused revisionists is pending, rejected the application on the ground that the af fidavits of the witnesses were received by post, together with the applications. The applications for taking the affidavits were not brought on the record and treated to be the part of the record. The learned counsel appearing for the revisionist admits that the Court below has rightly refused to bring the af fidavits, which were received by post on record, but contends that in view of the observation made in the case of Sukhhan v. State of U. P. , 1988 JIC 728 (All), the rec alling of the witnesses cannot be refused. This Court has held that if the fact was brought to the notice of the Court below that the witnesses have filed affidavits in the Court resiling to support to prosecu tion version and thus, the affidavits were clearly in contradiction with the earlier statements made on oath. It was only very natural and proper that they should have been summoned afresh u/s. 311, Cr. P. C. and confronted with their behaviour. This was more so necessary in order to remove any prejudice that might be caused to the accused persons in view of their testimony and their subsequent affidavits. Having regard to the above view of this Court taken in Sukhhan 's case (supra) I allow the revision and quash the order dated 27-11-1997 passed by the IX Addl. Sessions Judge, Meerut rejecting the ap plication of the accused persons under Section 311, Cr. P. C. The learned IX Addl. Sessions Judge, Meerut will summon the witnesses and allow the defence to cross-examine with reference to the affidavits allegedly sworn by them.
(3.) LET a certified copy of this order be furnished to the learned counsel appear ing for the parties on payment of usual charges, within 48 hours. Revision allowed. .;