Court No. - 67
Case :- CRIMINAL REVISION No. - 801 of 2019 Revisionist :- Mansoor Hasan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Vakalatnama filed by Sri Mohammad Khalid, Advocate on behalf of opposite party no.2 today in the Court is taken on record.
The present revision is targeted against the order dated 16.01.2019 by which an application under Section 311 Cr.P.C. seeking recall of PW-1, Nurul Hasan has been turned down by learned Sessions Judge, Kasganj.
Learned counsel for the revisionist submits that on 20.12.2016, charges were framed against the revisionist who is still languishing in jail since the year 2015. After great deal and effort, PW-1, Nurul Hasan was brought before the concerned court and on 27.09.2017, his examination-in-chief was recorded. Thereafter, at the behest of learned counsel for the defence, the case was adjourned fixing the date i.e. 16.12.2017. On that date, an application was moved by learned counsel for the defence to defer the matter on the personal ground and learned Sessions Judge after closing the opportunity of cross- examination deferred the matter for 06.01.2018.
Learned counsel for the revisionist submits that PW-1 is the informant and prime witness of the case and he must be put to the crucible for the cross-examination so as to elucidate just and proper decision of the case. To buttress his contention, learned counsel for the revisionist has relied upon paragraph nos.11, 12 and 20 of the judgment of Hon'ble the Apex Court in the case of Mannan Shaikh and others Vs. State of West Bengal and another (2014) 13 Supreme Corut Cases 59.
I have gone through the abovesaid judgment and I am in agreement with the ratio laid down in the case of Mannna Shaikh(supra).
In the fitness of circumstances, one last opportunity is granted to PW-1, Nurul Hasan to appear on or before 15.03.2019 on the date fixed by the learned trial Judge. On the date of examination, the revisionist would pay Rs.5,000/- to the above-said witness. It is made clear that no further opportunity would be granted for the said purpose.
With the aforesaid observations, the present revision stands disposed of.
Order Date :- 25.2.2019 Sumit S