Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been filed with a prayer to quash the order dated 16.06.2010 passed by learned Additional Session Judge, Court No. 8, Kanpur Dehat in S.T. No. 419/09 under Section 363, 366, 376 I.P.C. , P.S. Shivli, District Kanpur Dehat and for direction to learned trial judge to allow the application to cross examination of the prosecution witnesses, Sri Ram Kori, and Neetu Devi under Section 311 Cr.P.C.
Merely it is prayed that the witness Sri Ram Kori since was summoned for re-examination on the cost of of Rs. 500/- and the cross examination is not permitted thereby summoning the alleged witness merely on the ground that Rs. 500/- as cost was not deposited by the applicant, be permitted to cross- examination.
I am of the view that compliance of the order dated 16.06.2010 was necessarily to be done by the trial Court and the refusal for summoning the witness on the ground merely not depositing cost in this regard, is not sufficient as there is another provisions provided in criminal procedure for recovery of the cost/fine etc. Therefore I find it expedient that this application be allowed for this prayer and the learned Trial Court be drected to summon the witness Sri Ram Kori for cross examination on behalf of the applicant. The applicant is also directed to deposit the amount Rs. 500/- in the court as was ordered by the Trial Court.
With the aforesaid observation and direction, this application is hereby accordingly disposed of.
Order Date :- 25.6.2010 Naresh