Court No. - 69
Case :- APPLICATION U/S 482 No. - 32228 of 2019 Applicant :- Binod Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-Ist, for the State and perused the material brought on record.
The instant application under section 482 Cr.PC has been preferred by the applicant with a prayer to quash the impugned order dated 4.7.2019 passed by the Addl. District Judge, Room No. 5, Kanpur Nagar in Sessions Trial No. 284 of 2014 (State v. Vinod Vishwakarma and others) arising out of Case Crime No. 138 of 2014, under section 21/22 of N.D.P.S. Act, Police Station- Najeerabad, District- Kanpur Nagar and to direct the court below to pass the appropriate order on the said application and summon the witness PW-2 namely Devendra Kumar Yadav and PW-4 namely Akhilesh Kumar Gaurh for further examination/cross examination.
It is contended by learned counsel for the applicant that on 4.7.2019 an application was moved on behalf of the applicant and by means of the said application the applicant has prayed to summon the witnesses Devendra Kumar Yadav and Akhilesh Kumar Gaurh for further cross examination. The court below has passed the impugned order dated 4.7.2019 and rejected the said application moved by the applicant without giving any hearing or going through the said application.
The prayer for quashing of the impugned order dated 4.7.2019 passed by the Addl. District Judge, Room No. 5, Kanpur Nagar in Sessions Trial No. 284 of 2014 (State v. Vinod Vishwakarma and others) is set aside.
The court below is directed to give an opportunity to the applicant to cross examine the witnesses namely Devendra Kumar Yadav PW-2 and Akhilesh Kumar Gaurh PW-4, in the aforesaid case. The said exercise shall be completed preferably within a period of two months from the date of production of a certified copy of this order before it.
With the aforesaid directions the instant application under section 482 Cr.P.C. is finally disposed off.
Order Date :- 22.8.2019 ssm