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Kunwar Pal alias Kumar Pal v. State Of U.P. And Another - APPLICATION U/s 482 No. - 2423 of 2007  RD-AH 14926 (3 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Court No. 48)
Criminal Misc. Revision No. 2423 of 2007
Kunwar Pal alias Kumar Pal
son of Sri Harchandra, R/o Nagla Ugrasen
Police Station Bibinagar,
District Bulandshshar. ....... Revisionist .
1.State of U.P.
son of Sri Ghanshyam Singh Jatav,
Resident of Village Nagla Ugrasen,
Police Station Bibinagar,
District Bulandshahar. ............. Opp.Parties.
Hon'ble Barkat Ali Zaidi, J
1.Revisioner Kumwar Pal alias Kumar Pal, who is being prosecuted in (S.T. No. 70 of 2000) on a charge under Section 302 I.P.C. before the Addl. Sessions Judge, Court No. 19 Bulandshahar, has come to this Court for setting aside an order dated 16.8.2007, vide which the trial court refused to recall P.W. 9 S.I. Karan Singh, P.W. 11Hari Chandra Panda P.W.12 S.I. Sharda Prasad Mishra for cross examination and rejected the application of the accused applicant.
2.Heard Sri Gaurav Kakkar , Advocate for the revisionist and Sri Rajeev Tiwari, Addl. Government Advocate for the State.
3.It is true that despite a few opportunities given to the revisionists by the Trial Sessions Judge, he did not avail them and not cross examined these witnesses.
4.The explanation of the accused, is that his earlier counsel abandoned the legal profession, and did not pay heed to him and he , therefore, had to engage another counsel who had moved an application for recalling the aforenoted witnesses for cross-examination. The forthcoming explanation is sufficient to recall these witnesses which the Trial Court refused.
5.Courts have always been lenient and considerate in such a situation to recall the witnesses because a decision after giving effective opportunity for cross examination has greater value and finality. The judicial tradition of latitude in such matters encapsulates the twin value of judicial magnanimity, and justice tempered with mercy. It has always been the consistent view of Courts that in such situation the expenses of recalling the witnesses may be saddled on the accused.
6.Revision is , therefore, allowed. The Trial Sessions Judge on 20.9.2007 will direct the accused to deposit the amount of expenditure of the aforenoted witnesses and will summon them for cross-examination and in case he fails to cross examine them, no further opportunity will be given to the accused.
7.Revision disposed of accordingly.
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