HIGH COURT OF CHH. CR.M P. NC S.B. HON’BLE SHRI JUE ATTISGARH AT BILASPUR t 473 OF 2007 ‘TICE DHIRENDRA MISHRA 17. 10.2007 Shri A.N. Nandey, counsel for the petitioner. Shri G.K. Beriwal, Dy A By the instant petition order dated 21st August 200” 26/07 whereby learned I Ambikapur, F.T.C., has dism petitioner and upheld order Class, Ambikapur rejecting tl of Cr.P.C. for recalling Witness Learned counsel for the Witness was examined on. th G. for the State/respondent. the petitioner has impugned the passed in criminal revision No. [I Additional Sessions Judge, .ssed the criminal revision of the of the Judicial Magistrate First 1e application under Section 311 Semiram. petitioner submits that the above back of the petitioner whereas a l l l [143%W Petitioner , ' Sameer Mandal S/o Shri Sanjiv Mandal, Aged about 3O years, Occupation — kabourer, agar, RS. R/o — Village Gandhi Subhash Nagar, ’Tehsil — Ambikapur, Distt. Sarguja — (C.G.) g W l Versus ' Respondent ’ i ' State of Chhattisgarh Through — Station Incharge Gandhi Nagart Distt. 'Sarguja C.G.) section 273 of the Cr.P.c. witnesses is to be recorded in I have heard learned co ‘ From perusal of the st §een that he has been cro e‘uSed[petitioner without a ' \ ‘ iidence of the above ‘%f the acéiised, is concerned, ‘ his person‘al‘ attendance was and only thereafter,’ counsel examined the above witness i ,illegality or infirmity in the interference in exercise of in} of the Cr.P.C. Accordingly, ti ‘ substance is hereby dismisse< atem’ent of witness Semiram it is ss—examined by counsel for the my objection. So far as objection witness was recorded in absence on the application of the accusedr, dispensed with by the trial Court representing the accused cross- vithout any objection. There is no impugned order which warrants 1erent powers under Section 482 1e instant petition being devoid of l at the adm Sdl— Dl‘iirendra Mishra mandates that evidence of the presence of the accused. unsel for the petitioner. ission stage itself. Judge mam c {