Court No. - 88
Case :- CRIMINAL REVISION No. - 1666 of 2021 Revisionist :- Gyan Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Ashok Kumar Mishra, learned counsel for the revisionist and the learned AGA for the State.
This criminal revision has been preferred against order dated 22.3.2021 passed by Additional District & Sessions Judge, Court No.7, Ghaziabad in Session Trial No. 907 of 2018 under section 147, 302 IPC, Police Station District Sahibabad, District Ghaziabad by which application filed by the revisionist under section 311 Cr.P.C. was rejected.
It is submitted by learned counsel for the revisionist that the revisionist had filed an application on 9.3.2021 under section 311 Cr.P.C. for summoning of witness P.W.1 Sunder(informant) for re-examination which was illegally rejected by the trial Court.
Learned AGA opposed the prayer of the revisionist and submitted that application under section 311 Cr.P.C. was filed by the revisionist for adopting delay tactics in disposal of the case and learned trial Court has rightly rejected the said application.
Considering the rival submission of parties and perusal of order dated 22.3.2021, it appears that learned trial Court while rejecting the application under section 311 Cr.P.C. vide order dated 22.3.2021 has recorded the finding that P.W.1 Sundar was cross-examined by the counsel at length on 23.9.2019 and the case was fixed for further arguments. The trial Court has also recorded finding that application under section 311 Cr.P.C. was filed for making delay in disposal of the case. The finding recorded by the learned trial Court rejecting application under section 311 Cr.P.C. is just and proper and the order dated 22.3.2021 does not suffer from any illegality or impropriety. The instant revision lacks merit and is dismissed at the admission stage.
Order Date :- 23.9.2021 P.P.