Court No. - 52
Case :- APPLICATION U/S 482 No. - 6343 of 2018 Applicant :- Haseen And Another Opposite Party :- State Of Up Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application u/s 482 Cr.P.C. has been filed for quashing the order dated 29.1.2018 passed by Addl. Session Judge, Court no. 1, Muzaffar Nagar on the application 151kha in S.T. No. 1954 of 2008 (State vs. Sher Ali and others) u/s 307, 302 IPC, P.S. Kotwali, District Muzaffar Nagar and also for seeking the direction to the court below concerned to recall the witnesses PW-5 S.I. Baljeet Singh, PW-7 S.I. Indrapal Singh and PW-8 S.I. Subodh Kumar for cross examination.
Heard Sri Pankaj Bharti, applicants' counsel and learned A.G.A. for the State. Record has been perused.
It is submitted that the applicants are languishing in jail in the aforesaid case. It transpires from record that on 13.1.2014 last witness PW-5 was examined. Thereafter defence counsel appearing for the applicants expired. Thereafter neither any prosecution witness was examined nor the applicants were ever summoned from the jail, on account of which they could not engage any other counsel. It is further submitted that on 6.7.2017 PW-7 and on 27.8.2017 PW-8 who are I.O. of the present case, were examined. However, the applicants were not given opportunity to engage any other counsel or the court appointed amicus curiae on their behalf, due to this reason the said important witnesses could not be cross examined. It is argued that cross examination of witnesses by the defence is a valuable right of an accused to discredit testimony of the witnesses, therefore, an application was moved that one opportunity be provided for cross examination of the said witnesses, however, the trial Judge rejected the application stating that earlier an application was filed for recalling said witnesses therefore the court has no power to review the same.
Having heard counsel for the parties and perused the ordersheet; without entering into the illegality or otherwise of the order passed by the trial Judge I am of the opinion that atleast one opportunity for cross examination be given to the defence as both the applicants are languishing in jail for the past several years.
In view of it, learned trial Judge is directed to summon PW-7 and PW-8 and fix a date for cross examination, on that date defence shall cross examine both witnesses and no unnecessary adjournment will be granted to either of the parties.
With the aforesaid observation this application is disposed off.
Order Date :- 27.2.2018 Dhirendra/