Cr.R. No.769/2010 20.5.2010
Shri Rajendra Raghuwanshi, Advocate for the applicant.
Heard on admission.
The applicant, in this criminal revision under Section 397/401,
Cr.P.C., is praying for quashment of order dated 30/4/2010 passed by
Additional Sessions Judge, Katni in Sessions Trial No.230/2007
whereby learned trial Court rejected the application dated 21/4/2010
filed by the applicant under Section 231, Cr.P.C. for recalling of Smt.
Rekha Prajapati (PW-2) on the ground that statement of Smt. Rekha
Prajapati was recorded before the Assistant Police Inspector and the
same was not filed along with challan and this fact came to the
knowledge at the time of recording of the statement of P.W.-8 on
8/3/2010 and, therefore, learned defence counsel requested trial Court
to requisition the statement of Smt.Rekha Prajapati (PW-2).
No reasons has been assigned as to why the applicant wants to
further cross-examine Smt.Rekha Prajapati (PW-2) who has been
declared hostile by the trial Court on 18/6/2008.
Considering these facts and on perusal of the statement of Smt.
Rekha Prajapati (PW-2) as well as the impugned order passed by the
trial Court, no case for recalling Smt.Rekha Prajapati (PW-2), as
prayed by the applicant, is made out. Learned trial Court has not
committed any legal error in rejecting the application.
The criminal revision filed by the applicant has no merit and is,
accordingly, dismissed.
(P.K. JAISWAL)
JUDGE