JUDGMENT Mukteshwar Prasad, J.
1. Heard learned Counsel for the applicant, learned A.G.A. and perused the record including impugned order-dated 5.10.2005 passed by the trial Court in S.T. No. 115 of 2003 (State v. Sheo Mohan) under Section 302 I.P.C.
2. It appears that the applicant and Ors. are facing grail in the Court below under Section 302 I.P.C. S.I.R.P. Singh, who is Investigating Officer of the case, appeared in the Court for his evidence on 5.5.2005 and he was cross-examined partly on 6.5.2005. He appeared in the Court below on 15.5.2005 also but applicant's Counsel did not reach the Court to cross examine the witness. Thereafter, the Court fell vacant. On 28.9.2005, the Investigating Officer appeared in the Court below for further cross-examination but learned Counsel for the applicant sent an application for adjournment on the ground of his sudden illness in the Court. Since the applicant was in Jail on 28.9.2005 and learned Counsel for: the accused did not appear to be interested in concluding the cross examination of the Investigating Officer, Court below rejected the application and closed the prosecution evidence. On 5.10.2005, an application was moved on behalf of the accused for recalling the Investigating Officer for further cross-examination. This application was rejected and Court fixed 10 10.2005 for recording statement under Section 313 Cr.P.C.
3. The main contention of the learned Counsel for the applicant is that applicant WAS in Jail on 28.9.2005 and he was bailed out by this Court on 30.9.2005. Therefore, he cannot be held responsible for delaying the disposal of the case. Learned Counsel for the applicant fell ill in the Court compound and went home, therefore, the applicant did not have sufficient time to engage any other Counsel.
4. In view of the fact that applicant was in Jail on 28.9.2005 and the Counsel representing him in the case fell ill and left the Court compound for his residence. I am inclined to allow this application and provide an opportunity to the applicant to cross examine the Investigating Officer. It may be mentioned here that applicant along with others is facing trial -under Section 302 I.P.C.
5. The application is hereby allowed. The impugned order-dated 5.10.2005 is set aside and the Court below is directed to recall the witness (Investigating Officer) for further cross-examination. It is made clear that the applicant shall cooperate in the matter and will not seek any adjournment on appearance of Investigating Officer in the Court for the aforesaid purpose.