Court No. - 62
Case :- APPLICATION U/S 482 No. - 19119 of 2018 Applicant :- Aijaz Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mrityunjay Khare,Akhilesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed for quashing the order dated 16.8.2017 & 16.5.2018 passed by Ist Additional District/Sessions Judge, Ghazipur in Sessions Trial No.44 of 2016, arising out of case crime No.79 of 2016 (State vs. Aijaz) under Sections 377 I.P.C. and Section 3/4 POCSO Act, Police Station Kasimabad, District Ghazipur, whereby the application filed by the applicants under Section 311 Cr.P.C., has been rejected.
Learned counsel for the applicant contends that an application under Section 311 Cr.P.C. was filed by the applicant for summoning P.W.-1 Monika Verma on the ground that her cross examination could not be completed as the applicant has engaged new counsel and he could not peruse the case file and nor the same was available on the said date. Learned counsel submits that learned court below has closed the opportunity of cross examination of PW-1 without assigning any reason and without rejecting the application dated 16.8.2017 moved on behalf of the applicant for adjournment as the counsel was not ready to conduct cross examination. Learned counsel further submits that by the order impugned the opportunity to cross examine PW-1 has been closed, which order is illegal and liable to be set aside. Learned counsel further contends that one last opportunity be given to the applicant to cross examine the aforesaid witness.
After hearing the learned counsel for the applicant and after perusing the averments made in the present application as well as order impugned, this Court is of the opinion that one last opportunity be given to the applicant to cross examine the witness sought to be summoned in the interest of justice.
Accordingly, the order impugned dated 16.8.2017 and 16.5.2018 are set aside with the direction that, in case, the applicant move an appropriate application before the concerned Court below within a period of 15 days from today and on the said application the learned Court below shall fix a date to cross examine the P.W.1 and on the date fixed by the court below the applicant shall cross examine the PW-1 Monika Verma.
However, it is made clear that, in case, the applicant fail to cross examine the aforesaid witness, no further opportunity shall be given.
With the aforesaid directions, this application stands disposed off.
Order Date :- 30.5.2018 Rishabh