Court No. - 11
Case :- APPLICATION U/S 482 No. - 13898 of 2018 Applicant :- Narvada And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the applicants and A.G.A. for the State.
This application has been filed under Section 482 Cr.P.C. praying to quash the order dated 13.3.2018 passed by Sessions Judge, Kushinagar at Padrauna in Session Trial No. 30 of 2014 arising out of Case Crime No. 426 of 2011 under Sections 304, 201 and 141 I.P.C. The applicants filed application Paper No. 33Kha whereby they had prayed to requisition G.D. prepared on the information of the informantm, who is PW-1, in connection with the death of the deceased on the ground that an application filed by PW-1 stating that his son had consumed poison would be relevant for cross-examining PW-1 who is also father of the deceased. The Session Court rejected the application 33Kha on the ground that the said document was not filed by the prosecution and therefore the effect of the document as well as failure of the prosecution to file the said document affects the merit of the case and shall be taken into account and considered at the time of disposal of the case.
There is no illegality in the aforesaid order. The present application is dismissed.
Order Date :- 27.4.2018 Satyam