Court No. - 11
Case :- APPLICATION U/S 482 No. - 42878 of 2018 Applicant :- Mithun Kumar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shitla Prasad Mishra,Rajendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to allow the applications moved by the applicant and set aside the orders dated 24.8.2018 and 29.9.2018 passed by Addl. Sessions Judge (S.C./S.T. Act), Court No.15, Allahabad and to pass fresh order for recalling P.W.1 Mithun Kumar and P.W.3 Ramesh Chandra.
In this matter, trial is at the stage of recording statement under section 313 Cr.P.C. Statement of P.W.1 Mithun Kumar, the applicant was recorded on 8.7.2017. On several dates, cross-examinations have been made. Thereafter, number of witnesses were examined on behalf of prosecution including the investigating officer and the witnesses of recovery. No such prayer was made at any stage except for the first time on 28.7.2018 after closure of prosecution evidence. It is also clarified here that applicant is the informant. Application moved under section 311 Cr.P.C. was rejected before the court below. Again an application was moved and the same was also rejected. Both the orders have been challenged in this application.
If the submissions raised at Bar are compared with the finding recorded by the trial court in the orders dated 24.8.2018 and 29.9.2018, no illegality or infirmity is found. At the stage of recording the statement under section 313 Cr.P.C., informant / applicant, who had been examined as P.W.1, cannot be permitted to fill the lacuna in the prosecution case and also reopen the trial. Thus, prayer made in the application having no merit is not liable to be allowed.
Application is dismissed.
Order Date :- 30.11.2018
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