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.