Court No. - 71
Case :- APPLICATION U/S 482 No. - 2112 of 2019 Applicant :- Rashid And Another Opposite Party :- State Of U.P. And2 Others Counsel for Applicant :- Jeet Bahadur Singh,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing the order dated 4.12.2018 passed by Additional Sessions Judge, Court No.6, Aligarh in which application No. 11 kha under Section 311 Cr.P.C. filed on behalf of applicants dated 25.10.2018 is quashed in Sessions Trial No. 847 of 2017 (State Vs. Rashid and others) arising out of Case Crime No. 69 of 2016, under Section 307/386 I.P.C., Police Station- Lodha, District- Aligarh.
Submission of the learned counsel for applicants is that the court below has dismissed application of the applicants under Section 311 Cr.P.C. filed for recalling of P.W.1, Firoz and P.W.2, Irfan.
Sri Sanjay Pathak has put in appearance on behalf of opposite party Nos. 2 and 3, who are stated to be complainant and injured respectively submits that he has no objection if witnesses are recalled, since recall of the witnesses is necessary for just decision of the case. A perusal of the order of the court below dated 4.12.2018 shows that it does not records any reasons for the same.
The order dated 4.12.2018 is hereby quashed.
The concerned court below is directed to recall P.W.1 and P.W.2 for cross examination and conclude the same within period of one month from today. In case the opportunity granted by this Court is not availed by the parties, opportunity of cross examination of the aforesaid witnesses shall stand closed again.
With the aforesaid directions, this application is allowed.
Order Date :- 22.1.2019 Shubhankar