Court No. - 66
Case :- APPLICATION U/S 482 No. - 13176 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri S.N. Mishra, learned AGA for the State- respondent.
2. The present 482 Cr.P.C. application has been filed seeking recall of three witnesses namely Yusuf, Shoeb and Ram Khiladi (PW-2, PW-3 and PW-4) respectively.
3. The applicant had filed paper no. 111-Kha seeking recall of four witnesses being the three named above and one Islam (PW-1). The learned court below has allowed the application in part and recalled the witness namely Islam as it was noted that the said witness had not been cross-examined at all. However, with respect to three witnesses namely Yusuf, Shoeb and Ram Khiladi (PW-2, PW-3 and PW-4), it had been noted that a detailed cross- examination had been conducted by the applicant during the course of the trial and therefore, no good reason has been found existing to recall those witnesses.
4. Learned counsel for the applicant submits that, a bare perusal of the cross-examination statement, specially that of Yusuf would reveal that, relevant questions were not put to him during the cross-examination. The need to put those questions to Yusuf is stated to be necessary in view of the opinion of the new defence counsel who has since been changed.
5. Learned AGA on the other hand submits that, sufficient opportunity to cross-examine all witnesses had been granted, which had also been availed by the applicant. At present, the defence evidence is over and the trial is ripe for hearing and therefore, the present application for recall of the witnesses has been filed clearly and only to delay the proceedings.
6. Having heard learned counsel for the parties and having gone through the impugned order as also the material that has been produced by the learned counsel for the applicant, it does appear that the applicant had been granted and it had availed full opportunity to cross- examine the three witnesses namely Yusuf, Shoeb and Ram Khiladi (PW-2, PW-3 and PW-4). A legal opinion received by the applicant to put further question to any of those witnesses cannot itself be a ground to allow for recall of other witness. All arguments that may be available to the applicant would of course be open to the applicant at the stage of hearing.
7. The present application does not warrant any interference by this Court. The same lacks merit and is accordingly dismissed.
Order Date :- 8.4.2019 Abhilash