Court No. - 49
Case :- APPLICATION U/S 482 No. - 25266 of 2018 Applicant :- Manoj Saini And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nirvikar Gupta,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 2.6.2018 as well as further proceedings of S. T. No. 472 of 2014, (State Vs. Manoj Saini and others) connected with case crime no.426 of 2014), under Sections- 498-A/304B IPC and Section 3/4 D.P. Act, Police Station- Turkapatti, District- Kushi Nagar, pending in the court of Additional District and Sessions Judge/ FTC-II, Kushi Nagar at Padrauna.
Counsel for the applicants submits that the applicants are accused in the aforesaid case. They had been regularly attending the proceedings. However, the cross-examination of the prosecution witness PW-9 could not be held because the said witness did not appear in Court from December 2015 onwards. The said fact is clearly apparent from the perusal of the order sheet.
In such circumstances, the applicants could not attend the proceedings and could not cross examine prosecution witnesses PW-9 on 2.05.2018 when that prosecution witness appeared before the Court. An adjournment application was filed by the applicants for that date. It was rejected and the evidence of the said prosecution witnesses was closed. The application to recall the said order was also rejected for the reason that the adjournment of the applicant had not been supported by any medical certificate.
Considering the aforesaid facts, it does appear that the applicant has been wrongly deprived of opportunity to cross-examine PW-9. The order dated 2.06.2018 cannot be sustained. The same is set aside and the matter is remitted back to the learned Court below to cross examine PW-9. The applicants further undertake not to take any undue adjournment.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.7.2018/SFH