Court No. - 12
Case :- APPLICATION U/S 482 No. - 42326 of 2018 Applicant :- Pan Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Kumar Pal 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 30.07.2018 passed by Additional District and Sessions Judge, Court No. 1, Badaun in Sessions Trial No. 621 of 2012 (State Vs. Pan Singh and others) arising out of Case Crime No. 522 of 2011, under Sections 308/34, 323/34, 325/34, 504 I.P.C., Police Station Vinawar, District Badaun and allow the application dated 23.07.2018 under Section 217 Cr.P.C. and recall the witnesses Ramendra Singh/opposite party no. 2 for re- examination in pursuance of altered charge dated 19.07.2018 passed by Additional Sessions Judge (Fast Track Court) Court No. 1, Badaun.
It is submitted by learned counsel for the applicant that earlier a charge sheet was filed under Sections 308, 323, 504 I.P.C.. Thereafter exercising powers under the provisions of Section 216 Cr.P.C., charges were altered and Section 325/34 I.P.C. was added. It is further submitted that at this stage, the applicant has filed an application under Section 217 Cr.P.C. dated 23.7.2018 for summoning the witness Ramendra Singh son of Sher Singh and Sarvesh son of Sher Singh. It is next submitted that after alteration of charge under Section 216 Cr.P.C., he is entitled for re- examining the witness Ramendra Singh and Sarvesh. It is further submitted that the court below vide order dated 30.7.2018 has only summoned the witness Sarvesh for re- examination and rejected the application for summoning the witness Ramendra Singh.
I have perused the record as well as the provisions of Section 216 and 217 Cr.P.C. By perusal of Section 217 Cr.P.C., it is very much clear that after alteration of charge, prosecutor and accused both are entitled for moving application to recall the witnesses, therefore, the order dated 30.7.2018 for not summoning the second witness Ramendra Singh does not appear to be in consonance with Section 217 Cr.P.C.
Considering the facts and circumstances of the case and submission advanced by learned counsel for the applicant, the matter is remanded back to the Additional District and Sessions Judge, Court No. 1, Badaun to re-consider the application of the applicant filed under Section 217 Cr.P.C. for summoning the witness Ramendra Singh and decide the same by a reasoned and speaking order and considering the provisions of Section 216 and 217 Cr.P.C., within a period of one month from the date of production of certified copy of this order.
With the aforesaid direction, the application is disposed of.
Order Date :- 28.11.2018 Rmk.