Court No. - 62
Case :- CRIMINAL REVISION No. - 1459 of 2018 Revisionist :- Jahangir Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
Present revision has been filed by the revisionist for quashing the order dated 13.3.2018 passed by learned Additional District & Sessions Judge/FTC, Court No. 02, Firozabad in ST No. 316 of 2017 [State Vs. Jahangir @ Sameer and another] under Section 307 IPC, PS South, District Firozabad, whereby the application filed by the applicant under Section 311 Cr.P.C. has been rejected.
Learned counsel for the applicant contends that an application under Section 311 Cr.P.C. was filed by the applicant for summoning P.W.-1 on the ground that he could not cross examine the PW-1 Shailendra Singh, In- charge, Criminal Intelligence Wing, who is first informant also, due to absence of his counsel and the relevant questions in his defence are necessary to be put before him as the applicant got arrested much prior to the time as shown in the FIR but the learned Additional District & Sessions Judge/FTC, Court No. 02, Firozabad vide order dated 13.3.2018 rejected the same by mentioning that there is no requirement of said cross examination. Learned counsel further contends that one last opportunity be given to the revisionist to cross examine the aforesaid witness.
After hearing the learned counsel for the revisionist and after perusing the averments made in the present revision as well as order impugned, this Court is of the opinion that one last opportunity be given to the applicant to cross examine the witness sought to be summoned in the interest of justice.
Accordingly, the order impugned dated 13.3.2018 is set aside with the direction that, in case, the revisionist move an appropriate application before the concerned Court below within a period of 15 days from today and on which application the learned Court below shall fix a date to cross examine the P.W.1 and on the date fixed, the applicant shall cross examine the witness mentioned above.
However, it is made clear that in case the revisionist fails to cross examine the aforesaid witness, no further opportunity shall be given.
With the aforesaid directions, this application stands disposed of.
Order Date :- 28.5.2018 Rishabh