IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-18329 of 2009 (O&M)
Date of decision: 14.7.2009
Jai Singh
.. Petitioner
v.
State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Vivek Khatri, Advocate for the petitioner.
..
Rajesh Bindal J.
Challenge in the present petition is to the order dated 4.3.2009,
passed by the learned court below, whereby the application filed by the petitioner-
accused under Section 311 of the Code of Criminal Procedure for summoning the
prosecutrix for further cross-examination, was dismissed.
Learned counsel for the petitioner submitted that though the
prosecutrix was examined on 7.11.2008 and was cross-examined thereafter, certain
important questions, which go to the root of the case and the answers thereto may
result in acquittal of the petitioner, could not be put to her in the cross-examination
and if an opportunity is granted to the petitioner, he will complete her cross-
examination on the date to be fixed by the court.
Heard learned counsel for the petitioner and perused the impugned
order.
Admittedly, the prosecutrix was examined on 7.11.2008 and her
cross-examination was also completed. Merely because the petitioner or his
counsel, at the relevant time, had failed to put certain questions to the prosecutrix,
he cannot be permitted to re-call her for further cross-examination. No illegality
can be found in the impugned order.
Accordingly, the present petition is dismissed.
(Rajesh Bindal)
Judge
14.7.2009
mk