Court No. - 49
Case :- APPLICATION U/S 482 No. - 46359 of 2018 Applicant :- Arjun Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar,Jayant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner and learned A.G.A..
This petition under section 482 Cr.P.C. is filed by the petitioner for quashing the impugned order dated 25-09-2018 passed in S.T. No. 301 of 2015, arising Crime No. 985 of 2015(State Vs. Arjun) under sections 376,506 I.P.C. and Section 3/4 of POCSO Act, Police Station-Vijay Nagar, District-Ghaziabad and also for a direction to the court concerned to recall P.W.-2 for cross-examination.
From perusal of the record, it appears that in the present case, opportunity was given to the petitioner for cross examining P.W.-2, but, after recording the examination in chief of P.W.-2, cross- examination was closed. Learned Additional Sessions Judge has not committed any error in passing the impugned order dated 25-09- 2018. However, considering the submissions made by learned counsel for the petitioner that the petitioner is ready to deposit the cost, and he is facing the proceedings of the case punishable under sections 376,506 I.P.C. and section 3/4 of the POCSO Act, in which severe punishment is provided. Therefore, it is provided that in case the petitioner deposits Rs. 5,000/- before the court concerned within 20 days from today for summoning P.W.-2, for the purposes of cross-examination, the same shall be allowed as one and last opportunity.
With the above direction, this application is finally disposed of.
Order Date :- 19.12.2018 AKS (Vivek Chaudhary,J.)