Court No. - 73
Case :- APPLICATION U/S 482 No. - 3167 of 2019 Applicant :- Nathuram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 28.11.2018 passed by learned VII Additional Sessions Judge, Mainpuri in S.T. No. 136 of 2016 (State Vs. Nathuram) arising out of Case Crime No. 398 of 2015, under sections 302, 120-B IPC, P.S.-Kurra, pending in the court of VII Additional Sessions Judge, Mainpur.
Learned counsel for the applicant submitted that after engaging senior counsel, applicant has given one application dated 31.10.2018 under section 231/311 Cr.P.C. for re-examining the prosecution witness Ram Shankar and in the said application, he has given five questions which were required to be asked, but the said application was rejected by VII Additional Sessions Judge, Mainpuri vide order dated 28.11.2018 on the ground that none of the questions is relevant for proper adjudication of the case. It is further submitted that applicant has not taken any adjournment and even the examination of witness Ram Shankar was concluded only on 05.02.2018. It is next submitted that applicant will conclude his cross-examination within 15 days and will not seek any further time.
I have perused the application filed by the applicant dated 31.10.2018 as well as order dated 28.11.2018 passed by VII Additional Sessions Judge, Mainpuri.
I am of the view that questions framed by learned counsel for the applicant appears to be relevant, therefore, order dated 28.11.2018 passed by VII Additional Sessions Judge, Mainpuri is hereby quashed.
The applicant is directed to produce the certified copy of this order before the VII Additional Sessions Judge, Mainpuri within ten days from today and VII Additional Sessions Judge, Mainpuri is directed to grant two weeks time to applicant to cross-examine the witness on five questions mentioned in application dated 31.10.2018.
It is made clear that in case the applicant could not cross- examine the witness on the questions mentioned in the application dated 31.10.2018 within the period of two weeks, no further time shall be granted to him for cross-examination.
With the aforesaid observations, the application is allowed. Order Date :- 25.1.2019 Sartaj