Court No. - 66
Case :- APPLICATION U/S 482 No. - 29136 of 2019 Applicant :- Latoori Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 15.6.2019 passed by Additional Sessions Judge, Court No.1, Mainpuri in S.T. No. 186 of 2016 (State vs. Arvind and others), arising out of Case Crime No.6 of 2019, under Sections 302, 504/34 I.P.C., P.S. Ghiror, District Mainpuri.
Submission of the learned counsel for the applicant is that the court has wrongly rejected the recall application moved on behalf of the applicant, inasmuch as, genuine and bona fide ground were taken in the recall application that now after changing his counsel he has learnt that certain very material questions going to the root of the case could not be cross- examined with PWs-1, 2 and 3. Therefore, the prosecution witnesses PWs- 1, 2 and 3 may be recalled for cross- examination.
Per contra, learned A.G.A. has submitted that the earlier counsel of the choice of the applicant had cross-examined PWs- 1, 2 and 3 to the best of their capability. The Hon'ble Apex Court in AG v. Shiv Kumar Yadav and another reported in AIR 2015 SC 3501 has held that the power to recall a witness is only to prevent injustice and can be exercised for any valid reasons and that mere change of a counsel cannot be a ground to exercise the powers under Section 311 Cr.P.C. for recalling the witnesses.
In view of above, the present application under Section 482 Cr.P.C. is bereft of merits and the same is, accordingly, dismissed.
Order Date :- 30.7.2019 Vikas