Court No. - 53
Case :- APPLICATION U/S 482 No. - 2132 of 2019 Applicant :- Chandrakumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed to quash the impugned order dated 10.10.2018 passed by Additional Sessions Judge, Court No. 7, Mainpuri, in Session Trial No. 48 of 2013 (State v. Chandra Kumar and others), arising out of Case Crime No. 1411 of 2011 under Section 147, 148, 149 and 302 of IPC, 1860, Police Station - Kotwali, District - Mainpuri, whereby application under Section 311 of the Code was rejected by trial court on the ground that prosecution cannot be compelled to produce a particular witness.
As per provision of Section 231 of the Code, statement of all the witness produced by prosecution shall be recorded.
After closure of the evidence for the prosecution, statement of accused shall be recorded under Section 313 of the Code. Thereafter, as per provision of Section 233 of the Code, accused may apply for issuance of process for compelling the attendance of any evidence acquainted with the facts of the case.
Accordingly, I find no illegality or infirmity in the impugned order passed by trial court.
However, if the applicant files an application under Section 233 of the Code to summon the injured witness Ravita Devi, that application shall decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
With the above observations, the instant application stands disposed of.
Order Date :- 21.1.2019 Rohit