Manoj
Singh Vs. State of Jharkhand & ANR. [2009] INSC 1505 (28 August 2009)
Judgment
CRIMINAL
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1658 OF 2009 [Arising out of
SLP(Crl.) No. 6787/2007] MANOJ SINGH ... APPELLANT(S) :VERSUS:
O R D E R
We have
heard the learned counsel for the parties.
Leave
granted.
This
appeal is directed against the order dated 26.2.2007 passed by the High Court
of Jharkhand at Ranchi in Criminal Revision No. 878/2004. Brief facts which are
necessary for the disposal of this appeal are recapitulated hereunder.
The
appellant herein filed an application under Section 217 of the Code of Criminal
Procedure for recalling of PWs. 1, 2, 3, 6, 7 and 8 for cross- examination on
the ground that charge in this case was altered on 13.9.2004. As admittedly the
charge has been altered and an application under Section 217 Cr.P.C. has been
filed, in the interest of justice, we are of the opinion that the appellant
should be granted an opportunity to cross-examine the witnesses after recalling
the same. Learned counsel for the appellant submits that it may not be
necessary to cross-examine Dr. Ajit Kumar Chaudhary (PW-2).
We
accordingly direct PW-1 Prinka Kumar, PW-3 Yadunandan Singh, PW-6 Anil Kumar
Singh, PW-7 Rajendra Tripathi and PW-8 Faizal Ahmad shall appear before the
Trial Court on 14th September, 2009. Learned Trial Court would try the examine
the above-mentioned witnesses on 14th September, 2009 and if it is not possible
on that date, then the case may be taken up on 15th and 16th September, 2009
for cross-examination.
The
cross-examination shall, however, be confined to the alteration of the charge.
The Trial
Court shall stick to the time schedule and would not entertain any unnecessary
and unreasonable request for adjournment either on behalf of the prosecution or
on behalf of the accused persons.
The
appeal is disposed of accordingly.
.....................J (DALVEER BHANDARI)
.....................J (Dr. MUKUNDAKAM SHARMA)
NEW DELHI,
AUGUST 28, 2009.
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