Court No. - 54
Case :- APPLICATION U/S 482 No. - 31452 of 2018 Applicant :- Anjali@Ajalesh Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the present application filed under section 482 Cr.P.C., the applicant has assailed order dated 09.08.2018 passed by the Additional Sessions Judge, Court No. 01, Mathura in S.T. No. 485 of 2017 (State v. Rajesh and others) arising out of Case Crime No. 351 of 2017, under section 302 IPC, P.S. Highway, District Mathura whereby the application under section 311 Cr.P.C. of the applicant has been rejected by the court below.
It has been submitted by the learned counsel for the applicant that examination-in-chief of P.W.- 1, Vijay Pal was recorded on 09.11.2017, thereafter, after affording sufficient time to the prosecution, cross examination of the aforesaid witness was also concluded on 21.03.2018. The testimony of P.W. -2 Badri Singh was also recorded and his cross examination has also been concluded. Now the applicant is desirous that P.W.-1 Vijay Pal would be summoned again, as he has re-engaged another counsel in the matter.
In the considered opinion of this Court, the practice of demand for re- summoning the witness time and again would be an unending process and sheer wastage of precious time of the court, just because of the reason that the applicant has "re-engaged" another counsel in the matter. Such type of tactics are nothing but only adopted to linger on the proceedings of process of law, which cannot be appreciated.
In the facts and circumstances of the case, this Court do not find any cogent reason to interfere with the order dated 09.08.2018 passed by the Additional Sessions Judge, Court No. 01, Mathura in S.T. No. 485 of 2017 (State v. Rajesh and others), therefore, the application filed under section 482 Cr.P.C., is, hereby, rejected.
Order Date :- 18.9.2018 shailesh