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High Court Of ChhattisgarhCRR/1548/2019disposed off

Sandeep Sinha v. State Of Chhattisgarh

2019-12-10Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1548 of 2019 • Sandeep Sinha, S/o Siyaram Sinha, Aged About 19 Years R/o Baputola, OP Chichola, Thana Churiya, District-Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh, Through Police Station OP Chichola, Thana Churiya, District-Rajnandgaon, Chhattisgarh.

---- Respondent ____________________________________________________________ For applicant :

Mr. Parag Kotecha, Advocate.

For Respondent/State :

None.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 10/12/2019 Heard.

1. This revision petition has been brought being aggrieved by the order dated 8.11.2019 passed by the trial Court, rejecting the application filed by the petitioner under Section 311 of CrPC.

2. It is submitted that applicant has filed an application seeking permission to re-cross-examine the witnesses examined by the prosecution as Witness Nos.1 to 6. Learned trial Court has mentioned in the impugned order that the points on which the applicant had crossexamined the witnesses are not mentioned in the application. As recross examination cannot be permitted on any statement made by any witness regarding which the opportunity has already been availed, therefore, it was the requirement on the part of the applicant to mention in the application as to what was the statement made by the witness regarding which no question was put to him in examination.

Page No.2 Hence, any application filed for re-cross examination of any witnesses has to be very specific so that the Court can find it proper to grant permission for re-cross-examination and that order shall be specific and limited to the points left out earlier on which the accused has not been able to defend himself.

3. With the above observations made, this petition is disposed off at the motion stage itself. The applicant is at liberty to file repeat application under Section 311 of CrPC, if so advised, making it specific as to on what points he has not been able to defend himself earlier and further the trial Court is also directed to consider and decide the said application in accordance with law.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha