Court No. - 67
Case :- APPLICATION U/S 482 No. - 7344 of 2019 Applicant :- Malti Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA.
By means of the instant application filed under section 482 Cr.P.C., the applicant is assailing the order dated 05.01.2019 passed, envisaging powers under section 311 Cr.P.C. by the Additional Session Judge/FTC- Ist, Chandauli in S.T. No. 18 of 2016 arising out of Case Crime No. 230 of 2015, under sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act, P.S. Baluwa, District Chandauli whereby application to recall P.W.-1- Daya Shanker Singh has been rejected.
Perused the order impugned as well as the available record of the case.
The record reveals that the examination-in-Chief of P.W.- 1-Daya Shanker Singh, father of the deceased was conducted on 21.07.2016 and his detailed cross-examination was recorded on 03.10.2016. The application under 5 Kha was submitted after an inordinate delay of more than a year, before the trial court on 15.09.2018 and when the aforesaid application was being adjudicated, the proceedings under section 313 Cr.P.C., of the accused persons is in currency.
The very fact that such an application was got filed by the applicant, after more than a year when the examination-in-chief and cross-examination of P.W. -1 Daya Shanker was complete, is itself pointer to the fact that he had been won over. The said application was, therefore, rightly dismissed. The Apex Court in the case of Umar Mohammad and others v. State of Rajasthan [(2007) 14 SCC 711] on the same score, has deprecated the practice of filing application under section 311 Cr.P.C., after an inordinate delay.
Therefore, following the principles of law settled in the case of Umar Mohammad (Supra), this Court is not inclined to interfere with the order impugned.
The application, under section 482 Cr.P.C. is, accordingly rejected.
Order Date :- 28.2.2019 shailesh