Court No. - 79
Case :- APPLICATION U/S 482 No. - 42598 of 2019 Applicant :- Ravindra Nath Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of this application under Section 482 Cr.P.C. the applicant has prayed for a direction to the court below to permit the applicant and his counsel to re-examine the eye-witnesses, Ram Shankar Yadav, Lalta Prasad Verma, Ram Karan Singh and Jogindra Singh in Case no. 223 of 2010, under Sections 408, 467 and 468 I.P.C., P.S. Gaur, district-Basti after quashing the order dated 4.4.2019, by which the court below rejected the applicant's prayer for recalling the eye-witness Ram Shankar Yadav, Lalta Prasad Verma, Ram Karan Singh and Jogindra Singh as well as further proceedings of the aforesaid case.
I have very carefully examined the submissions advanced by the learned counsel for the applicant and perused the impugned order dated 4.4.2019 as well as the other materials brought on record, I am of the view that the application filed by the applicant under Section 311 Cr.P.C. does not disclose the relevance of the question which the applicant proposes to ask from the eye-witness Sanjay Yadav @ Guddu Yadav.
In view of the aforesaid, it cannot be said that the impugned order suffers from any illegality or infirmity warranting any interference by this Court.
The application has no merit and is accordingly dismissed.
However, if the applicant feels that the certain questions have not been asked to the eye-witnesses Ram Shankar Yadav, Lalta Prasad Verma, Ram Karan Singh and Jogindra Singh which have material bearing and are relevant and essential to be asked for just decision, he may move a fresh application specifying those questions and if any such application is moved on behalf of the applicant, then the court concerned after inviting objections from the prosecution on that application and after affording opportunity of hearing to both the parties, shall pass suitable orders taking into consideration the relevance and requirement of putting those questions.
Order Date :- 26.11.2019 Faridul