Court No. - 67
Case :- APPLICATION U/S 482 No. - 3274 of 2019 Applicant :- Lokendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The instant application under section 482 Cr.P.C., has been targeted against the order dated 09.01.2019 passed by X-Additional Session Judge, Bulandshahr whereby the court concerned rejected the application 100-B filed by the applicant vide order dated 24.12.2018 on the ground that the aforesaid witness has already been cross-examined in the year 2013.
Learned counsel for the applicant submitted that vide aforementioned application, the applicant wanted to recall P.W.-1 -Kalyan Singh for cross examination as few questions have arisen during the course of time.
In the instant case, this Court is in the consonance with the principles laid down by the Apex Court in the case of Umar Mohammad & Ors vs State Of Rajasthan passed in CRIMINAL APPEAL NOS.382-386 OF 2004 WITH CRIMINAL APPEAL NO.387 OF 2004 on 12 December, 2007 wherein application for re-examination was filed by the witness nine months after his deposition which the Apex Court opined that he might have been won over and has deprecated this practice aloud.
Here in the instant case, the aforesaid witness was examined and cross- examined in the year 2013 which contains two and thirteen pages respectively and as referred in the Umar Mohammad's case (Supra), here too the concerned witness seems to be won over by one of the contesting parties.
In the aforesaid backdrop the application filed under section 482 Cr.P.C. sans merit and is, accordingly, dismissed.
Order Date :- 29.1.2019 shailesh