Court No. - 49
Case :- APPLICATION U/S 482 No. - 9654 of 2021 Applicant :- Mohammad Kaleem Opposite Party :- State of U.P.
Counsel for Applicant :- M J Akhtar,Viquar Mehdi Zaidi (Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard Sri Viquar Mehdi Zaidi, learned Senior Advocate for the applicant, learned A.G.A. for the State and perused the record.
This Application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 17.03.2021 passed by learned Additional Sessions Judge, Court No. 1, Muzaffar Nagar in S.T. No. 414 of 2018 (State Vs. Dilshad and Others) arising out of Case Crime No. 1635 of 2017 under Sections 307, 302 and 120-B I.P.C., P.S. Kotwali City, District Muzaffar Nagar pending in the Court of learned Additional Sessions Judge, Court No. 1, Muzaffar Nagar.
Submission of learned counsel for the applicant is that under Section 231 (1) Cr.P.C., it has been provided that on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution. It is next submitted that applicant is the complainant of the case. Applicant wants to produce some witnesses to establish prosecution case beyond reasonable doubt. He further submits that Investigating Officer did not record the statement of witnesses deliberately and prosecution wants to produce them also. He further submits that learned Additional Sessions Judge has illegally refused the prayer of the applicant to summon witnesses, Tazeem and Khaleel in support of prosecution case.
Per-contra, learned A.G.A. opposed the aforesaid facts and submitted that prosecution is legally obliged to produce all such evidence which is necessary to prove the prosecution case beyond reasonable doubt.
As prosecution is obliged to produce all such evidence which is necessary to prove the prosecution case beyond reasonable doubt, hence refusing to summon witnesses, Tazeem and Khaleel is not legally justifiable.
In view of the above, order impugned dated 17.03.2021 cannot be legally sustained and is liable to be set-aside and is set-aside.
Accordingly, the present Application under Section 482 Cr.P.C. stands allowed and learned Additional Sessions Judge, Court No. 1, Muzaffar Nagar is directed to summon the witnesses Tazeem and Khaleel.
Order Date :- 27.9.2021 A. Mandhani Digitally signed by ANIL KUMAR OJHA Date: 2021.09.30 13:54:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad