Court No. - 45
Case :- APPLICATION U/S 482 No. - 38781 of 2018 Applicant :- Har Prasad Damailiya Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 06.6.2018 passed by the learned Additional Sessions Judge, Court No.6, Jhansi in S.T. No. 11 of 2017 (State Vs. Dal Chandra Verma @ Dallu and others), arising out of Case Crime No. 701 of 2015, under Sections- 307 I.P.C., Police Station- Nawabad, District- Jhansi.
Argument is that at the time of examination of the witnesses, the applicant appeared before the court below and his examination-in-chief was recorded as PW-1 and during his examination, he found original Nakal Tehrir, which was written by the applicant, missing and replaced by another coloured photostat copy. Alleging manipulation, the applicant moved an application dated 7.5.2018 before court below for calling original Nakal Tehrir with a further prayer to take action against the erring persons. The court below has rejected the application of the applicant on the ground that the same was filed by the private counsel and not A.D.G.C. (Criminal) by the impugned order dated 06.6.2018.
It is submitted that as per Section 2 (wa) as well as Section 24 (8) Cr.P.C., the victim can engage a private counsel to assist the prosecution, but the court below has rejected the application on the ground that it has not been moved by A.D.G.C. (Criminal).
Learned AGA has opposed the argument of the applicant on the ground that the application of the applicant has rightly rejected by the court below since it is A.D.G.C. (Criminal), who is competent to make application on behalf of the prosecution.
After hearing the rival submission, it is found that the veracity of the Tehrir is required to be ascertained before proceeding with the trail. The entire basis of the trial is the first information report and any manipulation with the recital in the first information report would be fatal to the fair trial.
In view of the above, the order dated 06.6.2018 passed by the court below is hereby quashed. Tthe court below is directed to pass a fresh order on the application of the applicant in accordance with law.
With the aforesaid directions, this application is allowed. Order Date :- 26.10.2018 Ruchi Agrahari