Court No. - 86
Case :- APPLICATION U/S 482 No. - 15615 of 2021 Applicant :- Piyush Shyamdasani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharique Ahmed,Shri Saghir Ahmad, Sr. Advocate Counsel for Opposite Party :- G.A.,Sangam Lal Kesharwani
Hon'ble Umesh Kumar,J.
Heard Shri Saghir Ahmad, learned Senior Advocate, assisted by Shri Sharique Ahmed, learned counsel for the applicant, Shri Sangam Lal Kesharwani, learned counsel for opposite party no.2 and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to set aside the impugned order dated 29.7.2021 passed by Additional Sessions Judge, Court No.1, Kanpur Nagar in pending Sessions Trial No. 36 of 2015 arising out of Case Crime No. 151 of 2014 under Section 302, 364, 201, 120-B, 404, 34, 203, 202 I.P.C., Police Station- Swarup Nagar, District- Kanpur Nagar where by the application (Paper No. 597-Kha) dated 29.07.2021 filed by the applicant has been rejected with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned counsel for the applicant submits that the applicant moved an application dated 3.4.2021 before the trial Court for recall of D.W.-2 for cross examination, as he has stated in his statement "I knew that Jyoti was killed by Ashish along with Piyush" and the trial Court without considering the facts and circumstances of the case rejected the application by order dated 29.7.2021.
It is further submitted that the witness was examined by DW-2 by another co-accused Ashish and defence witness is not supporting the case of the accused himself, under the circumstances he has right to cross examine the same. The present applicant is another co-accused in the same matter and the said witness was not adduced by him and assertions shows that he has also been implicated in the statement of DW-2.
In view of the above, the order dated 29.7.2021 passed by Additional Sessions Judge, Court No.1, Kanpur Nagar in pending Sessions Trial No. 36 of 2015 arising out of Case Crime No. 151 of 2014 under Section 302, 364, 201, 120-B, 404, 34, 203, 202 I.P.C., Police Station- Swarup Nagar, District- Kanpur Nagar is set aside and permitted for recall the witness DW-2 and be permitted to cross examined by the accused Piyush Shymdasani.
The trial Court concerned is directed to disposed of the case as early as possible affording the opportunity of cross examination of DW-2 as ordered aforesaid.
With the above observation, the application is partly allowed. Order Date :- 21.9.2021 Fhd