Chattisgarh High Court
Dhiraj Kumar @ Golu Sharma vs State Of Chhattisgarh on 4 October, 2002
Equivalent citations: 2002(5)MPHT10(CG)
ORDER K.H.N. Kuranga, C.J.
1. Heard both the Counsel on the merits of the petition and the petition is disposed of on merits.
2. The petitioner is an accused in S.T. No. 26/2002, pending on the file of Additional Sessions Judge, Korba. He has in this petition challenged the order dated 23-7-2002 passed by the Additional Sessions Judge, Korba, in the said case rejecting the application filed by the applicant under Section 311 of Cr.PC for recalling the witness Pramod Kumar (P.W. 3) for cross-examination by the Senior Counsel.
3. It is stated that the case was posted on 11-7-2002 for recording the evidence of Pramod Kumar (P.W. 3). His evidence was recorded in examination-in-chief. Thereafter, it is the case of the applicant that he had engaged a Senior Counsel namely, Shri B.K. Shukla on his behalf. On that day he was not available in the second half of the day as he had gone for his personal work and the Senior Counsel could not cross-examine P.W. 3. It is stated by the learned Counsel for the respondent/State that the Junior Counsel appeared and cross-examined P.W. 3 on behalf of the applicant. But the case of the applicant is that, he had engaged a Senior Counsel and in the second half of that day, i.e., 11-7-2002, he was not available to cross-examine since he had gone for personal work.
4. Having regard to the fact that the applicant has engaged a Senior Counsel to conduct the trial the Court below ought to have allowed the application filed on behalf of the applicant under Section 311 of Cr.PC and ought to have recalled the witness P.W. 3 and permitted the Senior Counsel to cross- examine the P.W. 3 on behalf of the applicant. In the circumstances, the order passed by the Court below dismissing the application filed by the applicant under Section 311 of Cr.PC cannot be sustained. Accordingly, the petition is allowed. The order dated 23-7-2002 passed by the Additional Sessions Judge, Korba, in Sessions Trial No. 26/2002, rejecting the application filed on behalf of the applicant under Section 311 of Cr.PC is set aside. The said application filed on behalf of the applicant under Section 311 of Cr.PC stands allowed. The Trial Court is directed to recall the witness-- Pramod Kumar (P.W. 3) and permit the Senior Counsel to cross-examine on behalf of the applicant and thereafter, dispose of the case in accordance with law.
Parties are entitled for certified copy of this order.