Court No. - 76
Case :- APPLICATION U/S 482 No. - 20127 of 2020 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
Learned counsel for the applicant has prayed that the order dated 12.11.2020 has been passed erroneously by the trial court by rejecting his application moved under Section 311 Cr.P.C. whereby he had prayed that PW-7 Subhash Chandra Rathore, Investigating officer should be recalled as material contradictions are required to be put to him with respect to the statement of DW-3 Gyanesh Kumar Sharma.
Submission made by the learned counsel for the applicant is that he had given specific questions which are given at page 57 of the affidavit which were to be put but without taking them into consideration, trial court has rejected the said application in a routine manner cursorily.
Learned A.G.A. has opposed the prayer.
I have gone through the impugned order which has been passed in detail and it does not appear suffer from any infirmity because applicant himself has admitted to be injured witness and no authority is given under Section 311 Cr.P.C. to the injured witness to move an application for summoning the investigating officer examined in defence for being further cross-examined. Accordingly, the present application u/s 482 Cr.P.C. is dismissed.
Order Date :- 5.1.2021 A.P. Pandey