Court No. - 40
Case :- APPLICATION U/S 482 No. - 22227 of 2019 Applicant :- Deshraj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sangeeta Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the impugned order dated 4.10.2017 passed by Additional Sessions Judge, Court No.10, Agra in application Paper No.56B in S.T. No.341 of 2015 (State Vs. Deshraj) arising out of Case Crime No.1091 of 2013, under Sections 147, 148, 149, 308, 324, 325, 336, 452, IPC, P.S. Etmaddaula, District Agra.
Learned counsel for the applicant has submitted that during the course of trial examination in chief of PW-4, Dr. A.K. Upadhyay was recorded and thereafter the defence was given opportunity to cross examine him, however, an application for adjournment was moved, which was rejected by the trial court. However, subsequently an application dated 11.8.2017 was filed under Section 311, Cr.P.C. with the prayer that the PW-4, Dr. A.K. Upadhyay be recalled in order to enable counsel for the defence to cross examine him the said application was rejected by the trial court vide order dated 4.10.2017.
From the perusal of the order it is evident that on 6.4.2017, the date on which PW-4, Dr. A.K. Upadhyay was examined, opportunity was given to the defence to cross examine him, but the adjournment application was moved, which was rejected by the trial court. However, again an application under Section 311, Cr.P.C. was filed to recall the said witness in order to enable the defence to cross examine him, but, the said application was also rejected vide impugned order dated 4.10.2017 and thereafter after lapse of about more than 1-1/2 years the present order is being challenged. There is absolutely no merit in the present application and it appears that just with an intention to linger on the trial present application under Section 482, Cr.P.C. has been filed and there is absolutely no explanation regarding the laches and the delay in challenging the said order.
The present application under Section 482, Cr.P.C. is wholly misconceived and is, accordingly, dismissed.
Order Date :- 4.6.2019 T. Sinha