Court No. - 52
Case :- CRIMINAL REVISION No. - 3657 of 2018 Revisionist :- Kehari Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This revision has been filed for quashing the order dated 20.7.2018 passed by Additional District and Session Judge, court no. 1, Aligarh in S.T. no. 141/2014 (State vs. Kehari Singh and others) u/s 302 IPC rejecting the application u/s 311 Cr.P.C.
It is contended that an application for recalling first informant PW-1 was moved u/s 311 Cr.P.C. which has been rejected by the trial court in view of the fact that subsequently witness PW-2 has not supported the prosecution case and there are much variance with the statement of PW-1.
I have perused the impugned order. I find that the said application has been rejected by the trial court on the ground that recall application has been moved after three years of the examination of PW-1. I do not find any illegality or irregularity in the order impugned. The trial court has rightly rejected that on the mere asking by the accused that some question could not put in the cross examination, is not valid ground for recalling witness.
The revision has no force and is dismissed.
Order Date :- 18.12.2018 Dhirendra/