Court No. - 11
Case :- APPLICATION U/S 482 No. - 42821 of 2018 Applicant :- Ram Raj Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harendra Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 29.8.2018 passed by Addl. Sessions Judge, Room No.13, Allahabad in Sessions Trial No.545 of 2003 (State Vs. Shyam Narayan & Others) arising out of case crime no.67 of 2002 under Sections 302/34 IPC, P.S. Ghoorpur, District Allahabad.
Applicant was summoned on the basis of order passed on the application u/s 319 Cr.P.C. He moved an application u/s 482 Cr.P.C. before this Court, which was disposed of directing the applicant to appear before the court concerned. It appears that applicant obtained bail and is participating in the trial proceedings. He has also availed the opportunity of cross- examination of the witnesses examined on behalf of the prosecution i.e.
P.W.1 Lalmani, P.W.2 Indrawati and P.W.3 Smt. Sanju Singh. It also appears that after examination of aforesaid witnesses, the investigating officer of the case was also examined and thereafter an application u/s 311 Cr.P.C. was moved for re-cross-examination from P.W.3 only mentioning therein that some facts have come in the cross-examination of investigating officer which need clarification from P.W.3 Smt. Sanju Singh.
Trial court after hearing the parties vide order dated 29.8.2018 rejected the application observing that ample opportunity had already been availed by the applicant. He has made a lengthy cross-examination from P.W.3. Again application u/s 311 Cr.P.C. cannot be allowed to fill the lacuna. It was also observed that there is no sufficient ground in the application. Perusal of the application moved before the trial court also reveals that specific point sought to be asked from P.W.3 has not been disclosed in the application moved before the trial court u/s 311 Cr.P.C.
If such was the position, applicant had already availed the opportunity for cross-examination, trial is at the stage of 313 Cr.P.C, thus, observation recorded by trial court in the impugned judgment and order cannot be termed to be illegal. Applicant cannot be permitted to fill the lacuna occurred in the evidence permitting him to re-cross-examine P.W.3.
Application u/s 482 Cr.P.C. lacks merit and is accordingly dismissed.
Order Date :- 29.11.2018
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