Court No. - 33
Case :- APPLICATION U/S 482 No. - 19246 of 2018 Applicant :- Ashish Chandra Tiwari Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Murari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 16.05.2018 passed by A.D.J./F.T.C., Court No. 2, Chandauli in S.T. No. 164 of 2011 (State of U.P. vs. Ashish Chandra and others) in Case Crime No. 120 of 2011, under Sections 302, 201, 120-B IPC, P.S. Mughal Sarai, District Chandauli, whereby, application under Section 311 Cr.P.C. for cross examination of PW-3 and PW-4 has been rejected.
Application moved by the accused under Section 311 Cr.P.C. for recall and cross-examination of P.W.-3 and P.W.-4. has been rejected by the impugned order. It is noted in the impugned order that the said witnesses have been cross-examined and relevant questions have already been put to them. At this stage, it appears that the applicant has made the application only to delay the trial despite the fact that there are two directions of this Court to conclude the trial within three months.
Learned counsel for the applicant failed to point out any illegality, infirmity or perversity in the impugned order. In the circumstances, I am not inclined to interfere with the impugned order.
The application is, accordingly, dismissed.
Order Date :- 29.5.2018 Mukesh Kr.