Court No. - 49
Case :- APPLICATION U/S 482 No. - 25103 of 2018 Applicant :- Abdul Raheem And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 18.05.2018 passed by the Addl. District and Sessions Judge/F.T.C.-I, Muzaffar Nagar in Session Trial No. 1146 of 2016 (State Vs. Abdul Raheem and Others), arising out of Case Crime No. 332 of 2016, under Sections- 326A, 323, 506, 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Chathawal, District- Muzaffar Nagar, by which the application filed by the applicants under Section 311 Cr.P.C. has been rejected.
Learned counsel for the applicants states that at present, the statement of PW-4 is being recorded and that the recall of PW-1 has become necessary on account of statement of PW-4.
The learned Court below has rejected the applicants' application on the ground that the applicants had been given sufficient opportunity to cross-examine PW-1 and that the said witness cannot be recalled for reason of applicants' own default.
The above reasoning does not appear to be correct inasmuch as it is case of the applicants that further cross-examination of PW- 1 has become necessary in view of the statement made by the PW-4.
Considering the facts and gravity of the case, the present application is disposed of, subject to payment of cost Rs. 5,000/- to be paid before the learned Court below by the applicants on the next date fixed.
Subject to the aforesaid cost being paid by the applicant, the learned Court below shall provide only one date opportunity to the applicant to cross-examine PW-1. The applicant further undertakes not seek any undue or long adjournment. The trial proceedings be concluded as expeditiously as possible.
Order Date :- 26.7.2018 Abhilash