Court No. - 1
Case :- APPLICATION U/S 482 No. - 1645 of 2018 Applicant :- Lal Singh And 2 Ors.
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mr Raghubir Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Raghubir Singh, learned counsel for the applicants and Sri I.P.Srivastava, learned AGA for the State.
This application u/s 482 Cr.P.C. has been preferred with the prayer to set aside the judgment and order dated 15.11.2017 passed by ADJ, Court No. 13 in S.T. No. 485/2010, case crime no. 64/2010 State Vs. Kishuna and others, u/s 147, 148, 149, 307, 302, 336, 504 IPC and 7 C.L.A. Act, P.S. Fatehabad, District Agra.
It has been contended by the learned counsel for the applicants that Sri Basant Kumar Gupta, who was the earlier counsel could not cross-examine P.W.-1, 3, 5 and 7 even once . He further submits that the impugned order which has been passed by the trial Court is illegal and the same should be set aside. He further submits that the applicants are ready to deposit the cost for recalling of P.W.-1, 3, 5 and 7.
Learned AGA opposed the prayer for quashing of the impugned order and has submitted that as is evident from the impugned order that the application which was moved on behalf of the applicant was moved at a belated stage, hence, the same was rejected by the learned Magistrate.
Considering the submissions advanced by learned counsel for the parties and taking into account that the applicants have not been given opportunity to cross-examine PW-1, 3, 5 and 7 by their counsel and they are ready to deposit the cost, the trial court is directed to recall the P.W.-1, 3, 5 and 7 for cross examination by the applicants on a particular date, subject to the condition that a cost of Rs. 30,000/- is deposited by the applicants within ten days from today as expenses to the P.W.-1, 3, 5 and 7 for recalling the P.W. -1, 3, 5 and 7 before the trial Court which shall be paid to them in equal proportion, on the date fixed by the trial court.
It is made clear that if the amount of Rs. 30,000/-, as directed above, is not deposited in the trial court, the trial court shall proceed in accordance with law.
With the aforesaid directions the application stands disposed of.
Order Date :- 28.3.2018 A.K.Srivastava