Court No. - 1
Case :- APPLICATION U/S 482 No. - 25023 of 2018 Applicant :- Amodh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar Counsel for Opposite Party :- G.A
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Sharma, learned counsel for the applicant and Sri Irshad Hussain, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 2.5.2017 as well as order dated 28.5.2018 passed by Addl. District and Sessions Judge, Court No.1 in S.T. No.92 of 2017, crime no.353 of 2016 u/s 302, 307 IPC, P.S. Usrahar, district Etawah pending before A.D.J. Ist, Etawah and allow the applicant for cross examine on the witness P.W.1 Smt. Neelam and allow this application.
It has been contended by the learned counsel for the applicant that the applicant is already confined in jail. He could not cross-examine P.W.1 who is the wife of the deceased as the applicant had to consult his family when the query was made by the court whether he wants the help of amicus-curiae. If the applicant is not allowed to cross-examine the said prosecution witnesses, his defence would be prejudiced as it is necessary for fair trial. The impugned order rejecting the application for cross-examination of prosecution witnesses passed by the trial Court is illegal and the same should be set aside. He further submits that the applicants are ready to deposit the cost for recalling the aforesaid prosecution witnesses.
Learned AGA opposed the prayer for quashing of the impugned order.
Considering the submissions advanced by learned counsel for the parties and taking into account that the applicant has not been given opportunity to cross-examine prosecution witnesses by his counsel and he is ready to deposit the cost, the trial court is directed to recall the P.W.1 Smt. Neelam for cross examination by the applicant by fixing a date, subject to the condition that a cost of Rs.5,000/- is deposited by the applicant within one week from today before the trial court as expenses which shall be paid to the aforesaid prosecution witnesses on the date fixed by the trial court. The prosecution witnesses shall appear before the trial court on the date fixed by it and their cross-examination should be completed within two days from the date on which they appear before the trial court.
It is made clear that if the amount of Rs.5,000/-, as directed above, is not deposited in the trial court, the trial court shall proceed in accordance with law.
With the aforesaid directions the application stands disposed of.
Order Date :- 25.7.2018 Gaurav