Court No. - 45
Case :- APPLICATION U/S 482 No. - 38796 of 2018 Applicant :- Rakesh Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and the learned AGA for the State.
The submission is that PW 2, Pankaj Kumar, was examined on 14.02.2012 and could not be cross- examined. Thereafter on 14.07.2018 report of the Forensic Science Labortory (FSL) has been submitted regarding brother of the deceased of the complainant regarding which PW 2 was required to be cross examined by the defense. It is submitted that since the report has been submitted on 14.07.2018, the application for recall of the witness was filed now, which has been rejected by the Court on the ground that further witnesses have been examined and opportunity of cross examination of PW.2 was closed in the year 2013. The submission is that due to filing of the FSL report now the examination of PW 2 has become necessary and therefore, the application was made, the Court below has illegally rejected the same.
A perusal of the order shows that Court below has not considered the relevancy of the report. The prayer for recall of the witnesses for being cross examined has been rejected only on the ground that the opportunity of cross examination of the witness was closed on 7.3.2013.
In view of the above, the order dated 26.09.2018 rejecting the application under Section 311 Cr.P.C is hereby set aside. The Court below is directed to pass a reasoned order in accordance with law on the aforesaid application within a period of one month from the date production of a certified copy of this order.
Application stands allowed.
Order Date :- 27.10.2018 SS