Court No. - 40
Case :- APPLICATION U/S 482 No. - 22331 of 2019 Applicant :- Jeetpal @ Jeetu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pushpendra Singh,Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has invoked the jurisdiction of this Court with a prayer to quash the order dated 28.7.2017 passed by Additional Sessions Judge, Court No. 1, Bulandshahar in case crime no. 404 of 2012 in S.T. No. 608 of 2015, State Vs. Jeetpal alias Jeetu, under section 147, 148, 307,302, 120-B I.P.C. P.S. Shikarpur, District Bulandshahar.
Learned counsel for the applicant has submitted that during course of trial, the statement of P.W.1 was recorded and thereafter an opportunity was given to the learned counsel for the applicant who was present before the court to cross examine the witness, however, despite opportunity being given the said witness was not cross examined and thereafter an application was moved to recall the said witness so that he may be cross examined. However, the said application was rejected by the trial court vide order dated 28.7.2017. Against the said order this application under section 482 Cr.P.C. has been filed after delay of almost two years. There is absolutely no explanation for the latches on the part of the applicant and it appears that only with an intention to linger on the trial the present application under section 482 Cr.P.C. has been filed.
In view of above, the order dt. 28.7.2017 passed by the Additional Sessions Judge, Bulandshahr is just, proper and legal order and do not call for any interference at this stage by this Court.
The application filed under section 482 Cr.P.C. is misconceived and it is accordingly dismissed.
Order Date :- 4.6.2019 R