Court No. - 72
Case :- APPLICATION U/S 482 No. - 6534 of 2019 Applicant :- Baij Nath Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. is against the order dated 28.09.2018 and the order passed in revision dated 04.01.2019, whereby, the applicant's opportunity to cross examine the PW-1 has been closed.
Without going into the merits of the case, Court feels that in the interest of justice, one last opportunity may be given to the applicant to cross examine the prosecution witness Om Prakash PW-1.
Learned Additional Government Advocate does not have any objection, if one time opportunity is provided to cross examine the prosecution witness.
In view of the above, the orders dated 28.09.2018 and 04.01.2019 are hereby quashed in the interest of justice. However, it is made clear that the court below shall call for PW- 1 to appear before it on 05.03.2019 when the applicant shall have the opportunity to cross examine him. It is made clear if for unavoidable circumstances the PW-1 is not able to present himself on 05.03.2019, one more date will be fixed. It is also made clear that it is only one time opportunity to cross examine the prosecution witness. On the date fixed by this Court i.e. 05.03.2019 or on some other date if adjourned as per necessity, the applicant is not able to cross examine the prosecution witness, no further opportunity will be provided and the cross examination will stand closed so for as PW-1 is concerned.
With the aforesaid directions, the present 482 Cr.P.C. application is hereby disposed of.
Order Date :- 21.2.2019 IrfanUddin