Criminal Procedure Code, 1973
Section 311—Order allowing application moved by prosecution to examine witness—Challenged—Specific contention of prosecution is that said witness was present during the entire transaction with his wife-complainant—As such, the statement of said witness appears to be essential for the just decision of the case—Petitioner-accused will get full opportunity to cross-examine the witness and so, no prejudice shall be caused to him by allowing the application—No fault and illegality can be found in the impugned order—Petition dismissed.
[Paras 16 & 17]