Court No. - 85
Case :- APPLICATION U/S 482 No. - 16158 of 2021 Applicant :- Harshit Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 12.2.2020 passed by Addl. District and Sessions Judge, Court No. 15, Bulandshahar in Sessions Trial No. 1082 of 2014 arises out of Case Crime No. 693 of 2014, u/s 395, 398, 120B I.P.C., Kotwali Nagar, District Bulandshahar.
Submission of the counsel for the applicant is that the O.P. No.2 filed an application on 18.3.2019 by which he again made prayer for summoning the witnesses under Section 311 Cr.P.C. for re-examination against which the applicant filed objection but the court below without considering the objection filed by applicant, allowed the application of O.P. No.2 and summoned PW-1 & PW-2 for re-examination along with released ornaments vide impugned order dated 12.2.2020. It is further submitted that when all the witnesses have been examined and trial has almost completed at this stage application for re- examination of the witnesses is just to linger on the trial while there is no provisions to all the witnesses for cross-examination after more than one and half year, hence the impugned order is liable to be quashed.
Learned A.G.A. has opposed the submissions made by learned counsel for the applicant.
That from perusal of the order dated 12.2.2020 passed by the court below, it appears that there is no illegality and infirmity in the impugned order and the Section 311 Cr.P.C. itself says :-
"Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case."
Accordingly, the application is dismissed.
Order Date :- 20.9.2021/Vandana