Court No. - 67
Case :- APPLICATION U/S 482 No. - 6386 of 2019 Applicant :- Kartar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the present application u/s 482 Cr.P.C., the applicant has challenged the order dated 15.01.2019 passed by IInd Additional Sessions Judge/ Special Judge SC/ST Act, Binjor in S.T. No. 37 of 2018 arising out of case crime no. 2 of 2018, u/s 376 IPC and section 3(2)V of the SC/ST Act, P.S. Dhampur, District Bijnor and it is further prayed to give a direction to the court below to decide the applicant's application u/ 311 Cr.P.C. dated 20.12.2018.
Submission made by the counsel for the applicant that the applicant is aged about 17 years, was implicated by the prosecutrix for the alleged incident of rape upon her. The testimony of PW-1 and PW-2 was recorded on 10.05.2018 and they were too cross-examined on 13.09.2018. It is further submitted that the earlier case was conducted by one Rajeev Chauhan, who conducted the case in a shabby way and therefore, the the applicant has to change his counsel. Presently, the case is conducted by Sri Anil Chauhan, who move this application for the just decision. Learned counsel for the applicant has relied upon the the judgment of Mannan Sk & Ors vs State Of West Bengal & Anr decided on 3 July, 2014 by Hon'ble Apex Court in which section 311 Cr.P.C. has been explained in paragraphs 10 and 11.
I have carefully gone through the judgment and I am in agreement the ratio laid down in the aforesaid case. As such, let PW-1 and PW-2 may be summoned on 11.03.2019 or 12.03.2019 (any date to the choice of trial judge) with a condition that after their arriving, the applicant would paid Rs. 5,000/- each to both the prosecution witnesses and they would be examined.
With the aforesaid observation, the present application stands disposed of.
Order Date :- 25.2.2019 Nisha