Court No. - 72
Case :- APPLICATION U/S 482 No. - 5376 of 2019 Applicant :- Neeraj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal,Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Learned counsel for the applicant states, in the trial against the co-accused, who is a minor, the same witness of fact have turned hostile. However, learned counsel for applicant would fairly state, the statements in the other trial have been recorded subsequent to the statements recorded in the present proceedings.
3. In view of such fact being undisputed, there is no occasion or enabling principle to allow the applicant to recall the witness of fact under Section 311 Cr.P.C., if one may observe, solely for the purposes of rendering them hostile.
4. The present application lacks merit and is accordingly dismissed.
Order Date :- 30.4.2019 Prakhar