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Keywords: Order, Procedure, High Court, Cross-Examination, Offences, Magistrate, Examination, Delay, Prosecution Result: Application dismissed JUDGMENT This revision application under section 439, Cr. P. C. Is directed against the order passed by 3rd Additional Sessions Judge. Hyderabad under sec tion 540, Cr. P. C. Refusing to recall prosecution witnesses for cross -examination. 2. The facts in brief are that a direct complaint for offences under sec tions 392, 380, 452, 448, P. P. C. Was filed is the Court of II Additional City Magistrate, Hyderabad as far back as 8-5-1965. After the committal enquiry, the case ultimately committed to the Court of Session at Hyderabad. The trial actually commenced on 10-5-1976 when complainant Bashir Ahmad was examined in chief. The cross-examination of this witness was reserved on the application of Mr. Ahad Yousuf on behalf of the accused. The remaining witnesses were discharged and the hearing was adjourned to 2-7-1976. On that day the counsel for the accused remained absent. No application was presented for adjournment on that date. The com plainant again entered the box for cross-examination and the learned Additional Sessions Judge wrote that no cross-examination was conducted by the accused although opportunity was given. The remaining witnesses were then examined but the accused did not want to cross-examine them. This revision application was then filed on 16-3-1977 after an applica tion to recall the witnesses was rejected on 21-8-1976. 3. Mr. Muhammad Ali Sheikh has stated on behalf of the complainant that since no stay had been allowed the case has by now been completed and only the judgment is reserved pending the decision of this application. He has further pointed out that accused were asked questions under section 342, Cr. P. C. But they refused to give any statement as they…

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