Court No. - 24
Case :- APPLICATION U/S 482 No. - 2638 of 2019 Applicant :- Naresh Chand Sharma Opposite Party :- State Of Up And 03 Others Counsel for Applicant :- Saurabh Gour,Shri A.B.L. Gour (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard Shri A.B.L. Gour, learnred Senior Advocate holding brief of Shri Saurabh Gour, learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 13.12.2018 passed by learned Additional Sessions Judge-XII, Bulandshahr and proceedings of Sessions Trial No. 1373 of 2006 (State vs. Ashok Singhal and others) arising out of Case Crime No. 50 of 2005 under Sections 307 and 120-B IPC, police station Kotwali Nagar, District Bulandshahr.
Learned counsel for the applicant submitted that the applicant has filed an application bearing No.122-B in the aforesaid sessions trial for re-examining PW-6 and PW-8, namely, Daya Ram Sharma, Inspector C.B.C.I.D. and Inspector Jagdish Tiwari on some important issues, which were left out earlier. He also submitted that further examination of the aforesaid witnesses are necessary for proper adjudication of the case.
The application was rejected vide order dated 13.12.2018 by the learned Additional Sessions Judge, XII, Bulandshahar in the mechanical way and without considering the materials on record. He again submitted that while rejecting the application the court below has failed to appreciate that the examination of PW-6 and PW-8 are very material to go into the root of the case and their examination, which was left earlier is imperative to decide the facts and law involved in the case. Learned counsel appearing on behalf of the applicant next submitted that if PW- 6 and PW-8 will be examined on the issues, which were left before, it will be in the interest of justice.
In view of the above facts and circumstances, the order dated 13.12.2018 passed by learned Additional Sessions Judge-XII, Bulandshahr in Sessions Trial No. 1373 of 2006 (State vs. Ashok Singhal and others) arising out of Case Crime No. 50 of 2005 under Sections 307 and 120-B IPC is set aside and the court below is directed to summon PW-6 and PW-8, namely, Daya Ram Sharma, Inspector C.B.C.I.D. and Inspector Jagdish Tiwari on any date to be fixed by the court below and the applicant is directed to cross-examine both witnesses without taking any unnecessary adjournment.
The application is disposed of accordingly.
Order Date :- 22.1.2019 Sumaira